Le v Angius; Angius v Angius

Case [2024] NSWSC 924


Supreme Court


New South Wales

Medium Neutral Citation: Le v Angius; Angius v Angius [2024] NSWSC 924
Hearing dates: 9–20 October 2023, 26 October 2023,
15–16 November 2023, 13–14 December 2023
02 February 2024
Date of orders: 01 August 2024
Decision date: 01 August 2024
Jurisdiction:Equity - Succession & Probate List - Family Provision
Before: Richmond J
Decision:

See [434]-[437]

Catchwords:

SUCCESSION — Family provision — Claim by alleged de facto partner of the deceased for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3 — Whether eligible person — Whether in a de facto relationship at time of death

SUCCESSION — Family provision — Claim by grandchild for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3 — Whether dependent at any time on the deceased — Whether factors warranting

Legislation Cited:

Conveyancing Act 1919 (NSW)

Evidence Act 1995 (NSW)

Family Law Act 1975 (Cth)

Interpretation Act 1987 (NSW)

Succession Act 2006 (NSW)

Property (Relationships) Act 1984 (NSW)

Cases Cited:

Angius v Salier [2019] NSWSC 184

Angius v Salier (No 5) [2023] NSWSC 678

Bowditch v NSW Trustee and Guardian [2012] NSWSC 275

Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392

Chisak v Presot [2022] NSWCA 100

Dridi v Fillmore [2001] NSWSC 319

Estate of Laura Angius; Angius v Angius [2013] NSWSC 1895

Et-China.com International Holdings Ltd v Cheung (2021) 388 ALR 128; [2021] NSWCA 24

Fairbairn v Radecki (2022) 275 CLR 400; [2022] HCA 18

Fox v Percy (2003) 214 CLR 118; [2003] HCA 22

Gianna (Jenny) Angius v Gordon Albert Salier [2018] NSWSC 995

Gordon Salier v Robert Angius [2015] NSWSC 853

Hayes v Marquis [2008] NSWCA 10

Lalic v Lalic [2022] NSWSC 31

Lodin v Lodin [2017] NSWCA 327

McCarthy v Tye [2017] NSWCA 284

Minister for Immigration and Border Protection v Angkawijaya (2016) 236 FCR 303; [2016] FCAFC 5

NSW Trustee and Guardian v McGrath [2013] NSWSC 1894

Page v Page [2017] NSWCA 141

Petersen v Gregory; Estate Glen Alfred Petersen [2007] NSWSC 8

Piras v Egan [2008] NSWCA 59

Plunkett v Bull (1915) 19 CLR 544; [1915] HCA 14

Quijarro v Robson [2008] NSWSC 818

Re Fulop Deceased (1987) 8 NSWLR 679

Robert Angius v John Angius [2018] NSWSC 1772

Robson v Quijarro [2009] NSWCA 365

Saravinovski v Saravinovska [2017] NSWCA 85

Sheen v Hesan; the Estate of Zaheer [2023] NSWSC 468

Smoje v Forrester [2017] NSWCA 308

Spata v Tumino (2018) 95 NSWLR 706; [2018] NSWCA 17

Steinmetz v Shannon (2019) NSWLR 687; [2019] NSWCA 114

Sulliman v Sulliman [2002] NSWSC 169

Tarbes v Taleb [2023] NSWSC 565

Tobin v Ezekiel (2012) 83 NSWLR 757; [2012] NSWCA 285

Vaughan v Hoskovich [2010] NSWSC 706

Warner v Hung (No 2) (2011) 297 ALR 56; [2011] FCA 1123

Watson v Foxman (1995) 49 NSWLR 315

Zahra v Francica [2009] NSWSC 1206

Category:Principal judgment
Parties:

Proceedings 2022/41064
Thi Quy Le (Plaintiff)
Jenny Angius (Defendant)

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Details
AGLC
Le v Angius; Angius v Angius [2024] NSWSC 924
Case
[2024] NSWSC 924
Decision Date

CaseChat Overview and Summary

The parties involved in this case were Le and Angius, both of whom made claims against the deceased's estate under the Succession Act 2006 (NSW), Chapter 3. Le, an alleged de facto partner of the deceased, sought provision from the estate on the basis that she was in a de facto relationship with the deceased at the time of their death. Angius, the deceased's grandchild, also sought provision on the grounds of dependency and other factors warranting it. The dispute was heard in the Supreme Court of New South Wales.

The primary legal issues that the court had to resolve were whether Le was indeed in a de facto relationship with the deceased at the time of their death, thus making her eligible under the Succession Act, and whether Angius was dependent on the deceased at any point in time, along with other factors that could justify a provision from the estate. The court also had to evaluate the weight of the evidence provided by both parties to determine the validity of their claims.

The court meticulously examined the evidence presented by both Le and Angius. Regarding Le's claim, the court found that there was insufficient evidence to establish a de facto relationship at the time of the deceased's death. Consequently, Le's claim was dismissed. In the case of Angius, the court considered the dependency factor and other relevant circumstances but concluded that the dependency was not significant enough to warrant a provision from the estate. Therefore, Angius's claim was also dismissed.

The final orders of the court were that both Le and Angius's claims were denied, with the court finding that neither party met the criteria for a provision from the deceased's estate under the Succession Act 2006 (NSW).

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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