Vincent v Zanatta [1999] NSWSC 790

New South Wales Supreme Court CITATION : Vincent v Zanatta [1999] NSWSC 790 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 1365/95 HEARING DATE(S) : 24 and 25 February 1999 JUDGMENT DATE : 4 August 1999

Susan Vincent (P) PARTIES : Nadia Zanatta (D1) Domenico Zanatta (D2) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr. P. Braham (P) Mr. P. Hallen, S.C., (D) SOLICITORS : Hilton King Solicitors (P) E. C. Curtis & Co (D) CATCHWORDS : Family Provision; Claim by adult daughter; Plaintiff is only eligible person; Plaintiff's sole income is disability pension; Conduct disentitling; Relationship between plaintiff and deceased; Complaints made by deceased; Whether complaints have been substantiated; Effect of such complaints; Previous will named plaintiff as sole executor and sole beneficiary; Competing claims upon bounty of deceased; Need of plaintiff is for accommodation; House property must be sold to meet costs of present proceedings; Appropriate order to be made for plaintiff. ACTS CITED : Family Provision Act 1982 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 DECISION : 1. I order that, in addition to the benefit given to her by the will of the late Romano Vincetich ("the deceased"), the plaintiff receive two-thirds of the residuary estate of the deceased; 2. I order that the costs of the plaintiff on the party and party basis and the costs of the defendants on the indemnity basis be paid out of the estate of the deceased; 3. The exhibits may be returned.

SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Wednesday, 4 August 1999

1365 of 1995 SUSAN VINCENT -v- NADIA ZANATTA AND DOMENICO ZANATTA JUDGMENT