ANDREWS v HOWARD [1999] NSWCA 409

New South Wales Court of Appeal CITATION : ANDREWS v HOWARD [1999] NSWCA 409 FILE NUMBER(S) : CA 40597/98 HEARING DATE(S) : 13 October 1999 JUDGMENT DATE : 5 November 1999

PARTIES : Victor Norman Andrews - Appellant Matthew David Howard - Respondent JUDGMENT OF : Sheller JA at 1; Beazley JA at 16; Fitzgerald JA at 17

LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT FILE NUMBER(S) : 1073/97 LOWER COURT JUDICIAL OFFICER : Master Macready

COUNSEL : D E Baran - Appellant S Winters - Respondent SOLICITORS : Woodward, Wickes & Co - Appellant Fisher Grogan - Respondent CATCHWORDS : FAMILY PROVISION ACT 1982 - homosexual partners - whether elibigle person pursuant to s6 - whether partner was dependent upon deceased - whether awardt was so excessive as to demonstrate error ACTS CITED : Family Provision Act 1982 Golosky v Golosky (unreported) 5 October 1993, Butterworths Unreported Judgments CASES CITED: House v The King (1936) 55 CLR 499 Petrolhilos v Hunter (1991) 25 NSWLR 343 Singer v Berghouse (1994) 181 CLR 201 DECISION : Appeal dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40597/98 ED 1073/97 SHELLER JA BEAZLEY JA FITZGERALD JA

ANDREWS v HOWARD

The respondent was the homosexual partner of Maurice Andrews, who died intestate. The respondent made an application under the Family Provision Act 1982, claiming to be an eligible person pursuant to s6 of that Act. The Master found that there was an emotional and part-economic dependence by the respondent on the deceased and made an order in favour of the respondent.