Rogic v Samaan

In the matter of Rogic v Samaan, the deceased, who was married to the plaintiff, Mr. Rogic, for approximately 17 years, passed away in 2012. The plaintiff sought to have the deceased’s will, which made no mention of him, set aside. His claim was based on the assertion that he had relied on the deceased’s representations that she would leave him the matrimonial home. The deceased’s nephew, the defendant, was the executor of the estate and sought to uphold the will. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the plaintiff’s claim was barred by estoppel due to the length of time taken to bring the action and whether the court should extend the time limit under section 59(1)(b) of the Succession Act 2006 (NSW). The court had to assess the plaintiff’s evidence, which included conversations with the deceased, and whether it was sufficient to establish the claim. Additionally, the court needed to consider the appropriate process for obtaining affidavit evidence from a non-English speaking witness, ensuring the evidence was not influenced by the interpreter’s role.

The court found that the plaintiff’s evidence, which was not capable of corroboration and insufficient in quality, was not adequate to establish the claim. The court held that the plaintiff had not acted reasonably or expeditiously in bringing the application. The court concluded that the factors did not warrant an extension of time under section 59(1)(b) of the Succession Act 2006 (NSW). The court also highlighted the importance of ensuring that bilingual legal representatives do not act as interpreters and referred to the Judicial Council on Cultural Diversity’s “Recommended National Standards for Working with Interpreters in Courts and Tribunals” in this regard.

The final orders of the court dismissed the plaintiff’s application, with the court finding that the plaintiff had not met the burden of proof in establishing his claim. The court also noted the importance of adhering to the standards for working with interpreters in court proceedings.