Sadiq v NSW Trustee and Guardian

The plaintiff, Sadiq, appealed to the New South Wales Court of Appeal against a decision of the primary judge who had dismissed her claim that she was the de facto partner of the deceased for many years. The primary judge had found that the evidence presented by the plaintiff was in conflict with the evidence of neighbours and social workers, and that there was a paucity of documentary evidence and inconsistencies within the plaintiff's case.

The central legal issue before the Court of Appeal was whether the primary judge had made any appellable error in rejecting the plaintiff's claim of de facto partnership. This required the Court to consider whether the primary judge's findings of fact were reasonably open on the evidence, and whether the legal principles governing the determination of de facto relationships had been correctly applied.

The Court of Appeal found no appellable error in the primary judge's decision. Their Honours noted that the primary judge had carefully considered the conflicting evidence, including the plaintiff's testimony, the testimony of neighbours and social workers, and the limited documentary evidence. The Court agreed with the primary judge's assessment that there were significant inconsistencies in the plaintiff's case and that the evidence did not establish the requisite degree of cohabitation and commitment to constitute a de facto relationship for the purposes of the relevant legislation.

Consequently, the appeal was dismissed with costs.