NSW Caselaw
ROBINSON v TAME SUPREME COURT OF NEW SOUTH WALES
KIRBY P, HANDLEY AND SHELLER JJA 2 November 1994, 9 December 1994
[1994] NSWCA 266
TESTATOR'S FAMILY MAINTENANCE — widow of second late marriage — five years relationship — home left to widow — remainder interest to invalid daughter — daughter fails to prove specific need
TESTATOR'S FAMILY MAINTENANCE — eligible persons — widow — adult invalid daughter — whether obligation to make provision for widow overstated — whether Act requires reconsideration of "moral duty" to spouses by reference to other "eligible persons".
TESTATOR'S FAMILY MAINTENANCE — Family Provision Act 1982 — claim by adult daughter left remainder of father's interest in family home — father leaves home to second wife after five years' de facto association, four months marriage — wife provides home-maker support and nursing care for husband — wife provides some funds for home repair and renovation of the home — daughter seeks advancement of her remainder interest — claims legacy of $100,000 00 to provide for immediate benefits to improve her poor financial and health conditions — Master McLaughlin rejects claim — holds that remainder left to daughter sufficiently discharged moral duty owed to her by her father
TESTATOR'S FAMILY MAINTENANCE — Family Provision Act claim — position of spouse (widow) — needs of invalid daughter and only-child — "moral duty" to each — contemporary circumstances — provisions of Act as to "eligible persons" — whether requirement to provide for widow of late second marriage overstated by Master by reference to requirement also to make adequate provision for adult invalid daughter
Held: Rejection of daughter's claim by Master upheld as discretionary.
Singer v Berghouse [No 2] (1994) 68 ALJR 653; 123 ALR 481 (HC) applied.
On appeal- held:
(1) To succeed, appeals against discretionary and evaluative orders under the Family Provision Act 1982 must show an error of principle, significant error of fact-finding or plainly erroneous order.
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