Gus Kak v Allison Sarah Kak (née Boman) [2020] NSWSC 140

Supreme Court New South Wales

Medium Neutral Citation: Gus Kak v Allison Sarah Kak (née Boman) [2020] NSWSC 140 Hearing dates: 24 February 2020 Decision date: 26 February 2020 Jurisdiction: Equity Before: Hammerschlag J Decision: Summons is dismissed The Court orders that Allison Sarah Kak is entitled to have the body of Omar Kak released to her for the purpose of making burial arrangements The Deputy State Coroner is at liberty to release the body accordingly Catchwords: Burial rights – contest between brother of the deceased and wife of the deceased as to burial –deceased professed both Muslim and Catholic faiths – where plaintiff and relatives profess Muslim faith and defendant wife professes Catholic faith – inappropriate for Court to determine the matter by reference to respective strengths of the commitment of the deceased to each faith – primary rule is that right to determine burial goes to sole executrix – no reason to depart from it. Cases Cited: Smith v Tamworth City Council (1997) 41 NSWLR 680 Jones v Dodd (1999) 73 SASR 328 Dodd v Jones [1999] SASC 458 Keller v Keller (2007) 15 VR 667 AB v CD [2007] NSWSC 1474 South Australia v Smith (2014) 119 SASR 247 Darcy v Duckett [2016] NSWSC 1756 White v Williams (2019) 99 NSWLR 539 Category: Principal judgment Parties: Gus Kak - Plaintiff Cross-Defendant Allison Sarah Kak (née Boman) - First Defendant Cross-Claimant Deputy State Coroner Truscott - Second Defendant Representation: Counsel: J.D. Cook - Plaintiff Cross-Defendant A.F. Stevens - First Defendant Cross-Claimant Second Defendant submitting appearance