Noa Nayacakalou v Raeleen Vincent [2020] NSWSC 24

Supreme Court New South Wales

Medium Neutral Citation: Noa Nayacakalou v Raeleen Vincent [2020] NSWSC 24 Hearing dates: 29 January 2020 Date of orders: 30 January 2020 Decision date: 30 January 2020 Jurisdiction: Equity Before: Henry J Decision: See [52]. Catchwords: SUCCESSION – burial rights – where mother and father have equal ranking at common law – whether mother or father should have carriage of the funeral and custody of the deceased's body – burial or cremation – consideration of deceased's identification as Aboriginal man of Wiradjuri culture – mother granted relief sought. Legislation Cited: None. Cases Cited: Abraham v Magistrate Stone, Deputy State Coroner [2017] NSWSC 1684 Carly White v Candice Williams [2019] NSWSC 437 Darcy v Duckett [2016] NSWSC 1756 Jones v Dodd [1999] SASC 125 Kitchener v Magistrate Thomas in his capacity as a Coroner [2019] NSWSC 701 Smith v Tamworth City Council (1997) 41 NSWLR 680; [1997] NSWSC 197 State of South Australia v Smith (2014) 119 SASR 247 Texts Cited: None Category: Principal judgment Parties: Noa Nayacakalou (Plaintiff/Cross-defendant) Raeleen Vincent (Defendant/Cross-claimant) His Honour Magistrate Dick (Second Cross-defendant; submitting appearance) Representation: Counsel: L Goodchild (Plaintiff/Cross-defendant) P Muscat (Defendant/Cross-claimant)

Solicitors: Walker and White (Plaintiff/Cross-defendant) Cater & Blumer (Defendant/Cross-claimant) Crown Solicitor for NSW (Second Cross-defendant) File Number(s): 2019/153609 Publication restriction: Nil