This court case is about an elderly man, Peter Geoffrey Edmonds, who needs to sell his house in Raymond Terrace to pay for his nursing home fees. The problem is his former de facto partner, Brenda Mary Simms, is still living in the house and won’t leave. Peter, who has dementia, is represented by his son, Jason Edmonds. Brenda claimed she had a right to the house because of their long relationship and contributions she made, but she never provided any evidence to the court to back this up. Despite being given many chances, she and her lawyer failed to file the necessary paperwork, which ultimately led to the judge ordering her to leave the property so it can be sold.
Key details of the case
- Case Number: 2024/17456
- Case Name: Peter Geoffrey Edmonds by his tutor Jason Dean Edmonds v Simms
- Court: Supreme Court of New South Wales
- Judge: Elkaim AJ
- Hearing Date: 8 October 2025
- Decision Date: 8 October 2025
- Location: The property is in Raymond Terrace, New South Wales.
- People Involved:
- Plaintiff: Peter Geoffrey Edmonds, an elderly man with dementia living in an aged care facility. He is the registered owner of the property.
- Plaintiff’s Tutor: Jason Dean Edmonds, Peter’s son, acting on his behalf under a power of attorney.
- Plaintiff’s Daughter: Ms Debbie Young, who provided evidence supporting her father’s case.
- Defendant: Brenda Mary Simms, Peter’s former de facto partner, who was living in his property.
- Institutions Involved:
- Carroll & O’Dea Lawyers: Representing the plaintiff, Peter Edmonds.
- Peninsula Law: A law firm that was briefly mentioned as potentially taking over the defendant’s case but did not get involved.
Simple summary of the case
The whole situation started because Peter Edmonds, who owns a house in Raymond Terrace, had to move into an aged care home due to his dementia. His son, Jason, who has power of attorney, needed to sell the house to cover the costs of his dad’s medical care and accommodation. However, Peter’s ex-partner, Brenda Simms, was still living there and refused to move out. Jason, acting for his dad, took the matter to the Supreme Court in January 2024 to get an order for possession, which is a legal way of saying he wanted the court to force Brenda to leave.
Brenda’s side of the story was that she had been in a de facto relationship with Peter since 1993 and had contributed to the property over the years, both financially and by helping maintain it. She claimed it would be unfair for her to be kicked out with nothing and argued she had a right to a share of the house. She even filed a cross-claim saying a “constructive trust” should be recognised, meaning the court should find that she co-owned the property in spirit, even if her name wasn’t on the title.
The big problem for Brenda was that she never provided any proof. The court, through Justice Lonergan who managed the case initially, gave her and her lawyer multiple deadlines to submit evidence, like bank statements or affidavits, to support her claims. They missed every single one. The court even suggested she could take the matter to the Family Court, which deals with de facto relationship breakdowns, but she never did. Meanwhile, Peter’s kids, Jason and Debbie, provided evidence showing their dad owned the house since 1987, paid off the mortgage himself, and that their relationship with Brenda had broken down years ago, around 2015. They also showed that Brenda hadn’t visited their father in the nursing home since 2019 and that they had been paying all the property’s rates and insurance since he moved out.
Just before the final hearing, Brenda’s lawyer suddenly quit, claiming a conflict of interest. This left Brenda without a lawyer at the last minute. She asked the judge, Elkaim AJ, to postpone the hearing so she could find a new one. The judge felt for her situation but refused the request. He pointed out that the case had been dragging on since January 2024 and Brenda had been given plenty of opportunities to present her case but had failed to do so. Since Peter was the registered owner of the house, he had a clear right to possession. With no evidence from Brenda to challenge that right, the judge had no choice but to rule in Peter’s favour. The court ordered Brenda to leave the property, dismissed her cross-claim, and ordered her to pay Peter’s legal costs. For a more in-depth look at the judgment, you can read the full details on the NSW Supreme Court case file.
Q&A
- Is it legal for a property owner to evict a long-term de facto partner?
Yes, if the owner is the sole registered proprietor, they have the primary right to possession of the property. The de facto partner would need to prove a legal or equitable interest in the property to prevent this.
- What kind of evidence do you need to claim an interest in a de facto partner’s property?
You would need proof of financial contributions (like helping with mortgage payments, bills, or renovations) or significant non-financial contributions (like being a homemaker or raising children, which allowed the other partner to acquire assets). Simply living there isn’t enough.
- Is it illegal to ignore court deadlines?
It’s not illegal in a criminal sense, but it severely damages your case. A court can make decisions against you, like striking out your defence or making a judgment in the other party’s favour, if you repeatedly fail to follow its directions.
- Can I change my lawyer right before a hearing?
You can, but the court might not grant an adjournment (postponement) because of it, especially if there have already been significant delays. The case showed the judge was unsympathetic to a last-minute delay caused by legal representation issues.
- Does a Power of Attorney allow someone to sell my house?
Yes, if you become mentally incapacitated, the person you appointed as your attorney can make financial decisions on your behalf, including selling your property, especially if it’s necessary to pay for your medical care and living expenses.
- Is a promise in a Will to let someone live in a house legally binding while the owner is still alive?
No. A Will only takes effect after the person dies. The owner can change their Will at any time before their death and can decide to sell the property, which would make any provision in the Will about that property irrelevant.
- What is a constructive trust?
It’s a legal concept where a court decides it would be unconscionable (extremely unfair) for the legal owner of a property to deny another person’s beneficial interest in it. Brenda Simms tried to argue this but failed because she had no evidence.
- Is it legal for my children with Power of Attorney to restrict my access to my own money?
Yes, if they believe you are unable to manage your own finances due to a condition like dementia and that someone might be taking advantage of you, they can step in to protect your assets. This is what Jason and Debbie did when they saw excessive withdrawals from their dad’s account.
- What happens if I make a claim in court but don’t provide any evidence?
Your claim will almost certainly be dismissed. The court makes decisions based on evidence, and if you don’t provide any, the judge has nothing to support your side of the story.
- Is a de facto relationship treated the same as a marriage when it comes to property?
Not automatically. In the event of a separation, property is divided based on contributions, not a straight 50/50 split. A claim needs to be formally made and proven, usually in the Family Court.
- Can I be forced to pay the other person’s legal costs?
Yes. In many court cases, the losing party is ordered to pay a portion of the winning party’s legal costs. In this case, Brenda Simms had to pay Peter Edmonds’ costs.
- Is it a good idea to represent myself in court?
It is generally not advisable, especially in a complex area like property law. This case shows how important it is to have competent legal representation and to follow court procedures properly.
- What is a ‘tutor’ in a court case?
A tutor (sometimes called a ‘litigation guardian’) is a person appointed to represent someone who is unable to manage their own legal affairs, such as a child or an adult with a cognitive impairment like dementia.
- Does living in a house for a long time give me rights to it?
Not on its own. Unless you can prove a financial or other significant contribution that led to an expectation of an interest in the property, long-term residence doesn’t automatically grant you ownership rights.
- What’s the first step if someone wants to evict me from a property I believe I have a right to?
You should seek legal advice immediately. Do not ignore letters from solicitors, as this case showed that ignoring communication can be used against you in court.
For more easy-to-understand summaries of legal cases, you can explore other NSW Supreme Court cases.