Dayman v Dayman

The matter of Dayman v Dayman involved a dispute between the plaintiff, an estranged daughter, and the defendant, the mother and long-separated wife of the deceased, who was the nominated executrix under the deceased's Will. The dispute centred on funeral arrangements and the disposal of the deceased's remains by cremation, following the deceased's death and the coroner's holding of the body. The plaintiff brought an urgent application before the Court seeking the release of the deceased's body for immediate cremation, as there was little clarity regarding who had control or possession of the body or its precise location. However, it was later revealed that the deceased's body had been cremated shortly before the plaintiff's initial approach to the Court.

The legal issues that the Court needed to decide included the extent of the authority of a person to arrange for the disposal of a deceased body, the role and jurisdiction of the coroner in reportable deaths, and the nature and purpose of the Court's inherent jurisdiction to deal with the disposal of a deceased person's remains. Additionally, the Court needed to consider the merits of alternative dispute resolution methods, such as mediation, and the imperative of the orderly disposal of the deceased's remains with respect and without undue delay.

The Court concluded that the ashes issues should be resolved as a separate question due to the need for the orderly disposal of the deceased's remains. After discussions with the parties and the funeral director, an arrangement was made by consent in relation to the ashes issues. The probate and other issues were left to be subsequently dealt with by the Court if the plaintiff still wished to agitate them. The Court explored the various statutory provisions and general law which bear upon burial law in New South Wales, including the Coroners Act 2009 (NSW) and the Supreme Court's inherent jurisdiction. The Court also examined the coroner's role and jurisdiction in relation to reportable deaths and the meaning of "inquest" and "senior next of kin" as those terms are used in the Coroners Act.

The Court determined that the ashes issues should be dealt with first to ensure the respectful and timely disposal of the deceased's remains. The parties reached a consensual outcome regarding the ashes issues, and the probate and other issues were left to be addressed if the plaintiff still wished to pursue them. The Court also explored the merits of alternative dispute resolution methods, such as mediation, and considered the imperative of the orderly disposal of the deceased's remains with respect and without undue delay.