QUAGLIATO v LAPINSKI [1997] NSWCA 255

QUAGLIATO v LAPINSKI

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MASON P, MEAGHER and HANDLEY JJA 15 October 1997, 15 October 1997

[1997] NSWCA 255 Family Provision Act, 1982

Meagher JA The appellant, Ms Wanda Quagliato, is a granddaughter of the deceased, Mr Joseph Henerts, who died on 12 June 1993 in Poland. She had been brought up by Mr Henerts and his then wife Maria, her grandparents, not by her mother. She had stayed in the household of her grandparents since she was eight months old. They treated her as their child. The mother had no part in her rearing and care. This Court gave her grandparents custody of her in 1979. After taking her education to the Higher School Certificate level, she has done numerous jobs.

Her grandmother Maria, with whom she was quite close was admitted, in October 1991, to a nursing home and, in February 1992, had her leg amputated. Six months later she died.

Her life is not extravagant but at least capable of a fair degree of comfort. She has enjoyed overseas travel and she has been interstate on several occasions.

From the date her grandmother died to the date her grandfather died is a critical period in the present application. Her grandfather, in his will and in statements he made to other people, has suggested that the appellant virtually severed relations with him and provided no service for him, although it is common ground that she lived in her grandfather's house until his death.

Her grandfather, after his wife died, took up with another lady who is the executrix of his will and made various gifts of money in her favour, one substantial amount before they went to Poland and another amount when the two of them travelled to Poland, where he died.

The account which she gives of her relationship with her grandfather is rather different from his. She denies that there was any serious friction between him and her, though concedes that there was a slight amount of friction. On the other hand she cannot point to any real domestic services which she provided for him.