Curtis v Curtis

[2024] NSWCA 136

NSW Court of Appeal

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Interrogate

Catchwords

1. Succession
2. › Family provision
3. › Claim by grandchildren
4. › Eligible persons
5. › Dependency under s 57(1)(e)(i) of Succession Act 2006 (NSW)
6. › Whether grandchildren were wholly or partly dependent on deceased
7. › Whether factors warranting the making of the application under s 59(1)(b)
8. › Succession Act 2006 (NSW), ss 57, 59, 60
1. Appeal
2. › Fact-finding on appeal
3. › Failure in fact-finding process
4. › Failure to address key documentary evidence
5. › Failure to address central submissions
6. › Failure to reconcile conflicting evidence
7. › Whether retrial necessary or Court of Appeal may determine matter
8. › Correctness standard of review for jurisdictional questions

Quick Take

Contemporaneous documentary evidence (wills, solicitor's notes, hospital records) must be squarely addressed in submissions and primary judges must engage with such evidence when resolving conflicting testimonial accounts in family provision matters involving grandchildren.

Case Details

Citation[2024] NSWCA 136

CourtNSWCA

JurisdictionNew South Wales

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Cited by47

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