Le v Angius

The case of Le v Angius involved a dispute concerning family provision under Australian succession law. The applicant, Le, sought continued possession of the deceased's home, which was also claimed by the respondent, Angius, who asserted a de facto relationship with the deceased. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the applicant had established a prima facie case for a de facto relationship and whether this was sufficient to warrant an interlocutory injunction for continued possession of the property. The court had to weigh the strength of the applicant's case against the balance of convenience and consider the likelihood of obtaining final relief in the form of possession or ownership. The court also had to assess the interim provision needs of the parties.

The court found that while the applicant had presented some evidence of a de facto relationship, it was not sufficient to establish a prima facie case. The court emphasised that the strength of the case for a de facto relationship was closely linked to the final relief sought. The balance of convenience favoured the respondent, given the applicant's inability to demonstrate a strong case for a de facto relationship. Consequently, the application for an interlocutory injunction was refused. The court determined that the applicant had not shown a compelling need for continued possession, considering the uncertainty of the final outcome.