Elliott v. Longstaff [1999] NSWSC 170

New South Wales Supreme Court CITATION : Elliott v. Longstaff [1999] NSWSC 170 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 4356/96 HEARING DATE(S) : 23 November 1998 JUDGMENT DATE : 10 March 1999

PARTIES : Muriel Betty Elliott (P) Clive Hendry Longstaff (D) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr. J. R. Wilson. (P) Mr. P. Hallen, SC. (D) SOLICITORS : Gordon Garling Moffitt (P) Teece, Hodgson & Ward (D) CATCHWORDS : Family Provision; Claim by former wife; Separation after marriage of twenty-eight years; Consent orders for spousal maintenance and property in matrimonial proceedings; After separation deceased maintained a continuing relationship with plaintiff until his death twenty-three years later; Financial assistance given by deceased to plaintiff throughout that period; Deceased by his will made provision for plaintiff; Factors which warrant the making of the application; Whether plaintiff can be regarded as a natural object of the testamentary bounty of the deceased; Contributions of plaintiff as homemaker and parent; Plaintiff for fifty years had almost entire responsibility for an intellectually retarded child of the marriage; Present need of plaintiff for security and flexibility in her accommodation; Large estate; No competing claims ACTS CITED : Family Provision Act 1982 Churton v. Christian (1988) 13 NSWLR 241 Lynch v. Lynch Master Macready (24 August 1992 unreported) CASES CITED : Graziani v. Graziani Cohen J (20 February 1987) Dijkhuijs v. Barclay (1988) 13 NSWLR 639 Franke v. Public Trustee (No. 2) (Court of Appeal 16 April 1993 unreported) DECISION : See Paragraph 45.