Robson v Quijarro

The appeal concerned the determination of a de facto relationship for the purposes of administering the estate of a deceased person. The appellant, Ms. Robson, claimed to have been in a de facto relationship with the deceased for thirteen years prior to his death, entitling her to a grant of letters of administration. The respondents, who were the deceased's next of kin, disputed the existence of such a relationship. The matter came before the Court of Appeal after the primary judge in the Equity Division dismissed the appellant's cross-claim.

The central legal issues before the Court of Appeal were whether the deceased and the appellant were in a de facto relationship for a period greater than two years at the time of the deceased's death, as defined by the relevant legislation, and whether the Court of Appeal was entitled to reassess the factual findings made at first instance, particularly concerning matters of credibility. The court was required to consider the evidence of the parties' sexual relationship, their business partnership, the deceased's infidelity throughout the relationship, preliminary steps taken to reduce financial intermingling, and evidence of the deceased's intention to marry another woman.

The Court of Appeal allowed the appeal, finding that the primary judge had erred in dismissing the appellant's cross-claim. The court applied the principles governing the assessment of de facto relationships, which require consideration of whether the parties "live together as a couple" and demonstrate a "mutual commitment to a shared life." The court held that it was open to the Court of Appeal to reassess factual findings, especially where the primary judge's findings were not based on a clear advantage in assessing credibility. The court found that the evidence, when viewed holistically, established a de facto relationship of sufficient duration.

Consequently, the Court of Appeal set aside the order dismissing the appellant's cross-claim and the grant of letters of administration to the respondents. The matter was remitted to the Registrar for a grant of letters of administration in favour of the appellant. The court also made orders regarding the costs of the proceedings in both the Equity Division and the Court of Appeal, and granted the respondents a certificate under the Suitors’ Fund Act 1951 (NSW).