Nibbe v Wong

In the matter of Nibbe v Wong, the deceased's de facto partner, Nibbe, sought to make a family provision claim under the Succession Act 2006 (NSW) against the estate of Wong, who was the deceased. The dispute centred around whether Nibbe was eligible to claim under the Act, given that the claim was brought almost two years after the limitation period had expired. Furthermore, the eligibility hinged on whether Nibbe and Wong were in a de facto relationship and whether they were ‘living together’ as required by s 21C of the Interpretation Act 1987 (NSW). The case was heard in the Supreme Court of New South Wales.

The primary legal issues revolved around the interpretation of the limitation period for family provision claims, and whether ‘sufficient cause’ existed to allow an out-of-time claim. Additionally, the court had to determine if Nibbe and Wong were in a de facto relationship, and if the estate had already been fully distributed, whether special circumstances existed to permit an additional application. The court also needed to consider if the notional estate was sufficient to warrant any provision to Nibbe.

The court found that Nibbe had not demonstrated sufficient cause to justify the late filing of the claim, despite arguments regarding delays in legal proceedings. It was also determined that Nibbe and Wong were not in a de facto relationship as they were not ‘living together’ within the meaning of s 21C of the Interpretation Act 1987 (NSW). Consequently, Nibbe was not eligible to make a family provision claim. The court dismissed the claim, finding that the estate had already been fully distributed without any special circumstances warranting an additional application. The court concluded that the notional estate did not provide grounds for any provision to Nibbe.