Green & Ors v Green

The applicants, represented by Mr. D.B. Milne QC and Mr. G.F. Butler, sought leave to appeal to the High Court of Australia from a decision of the Court of Appeal Division of the Supreme Court of New South Wales. The underlying dispute originated in a suit commenced in equity by the plaintiff, Chintana Green, against the defendants, Robert William Green Jnr, Mr. Crealy, and Beryl Green. The plaintiff, who alleged she was the de facto wife of the deceased, Robert Green Snr, sought relief concerning his estate. The deceased had maintained simultaneous domestic relationships with Beryl Green (his lawful wife) and Margaret Ann Green (mother of three of his children and referred to as his de facto wife), as well as with the plaintiff, Chintana Green (mother of two of his children).

The central legal issue before the High Court was whether the applicants should be granted leave to appeal from the Court of Appeal's decision. This decision had overturned orders made by the primary judge, which had been partly favourable to the applicants. The applicants' claim, and the broader context of the case, involved individuals in relationships with the deceased seeking a share of his estate, a situation that had become familiar in Australian courts. The Court of Appeal's determination effectively meant the applicants lost the favourable aspects of the initial judgment.

The High Court was required to consider the merits of granting leave to appeal, which typically involves assessing whether the case raises a question of law of public importance or is otherwise in the interests of the administration of justice. The applicants' interest in the subject property stemmed from Beryl Green being the lawful wife of the deceased and Robert William Green Jnr being his lawful son. The factual background indicated the deceased had maintained multiple domestic establishments and had a complex family structure, with evidence suggesting he had given preference to Margaret Green but regularly spent time with the respondent.