SLATTERY v SLATTERY [2000] NSWSC 586

New South Wales Supreme Court

CITATION : SLATTERY v SLATTERY [2000] NSWSC 586 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 5228/1997 HEARING DATE(S) : 08/06/2000 and 09/06/2000 JUDGMENT DATE : 13 June 2000

PARTIES : VICKI SLATTERY v MARY GARDNER SLATTERY JUDGMENT OF : Master Macready at 1

COUNSEL : M. Gorrick (P) R.H. Weinstein (D) SOLICITORS : John Hertz & Associates (P) Michael Lew & Associates (D) CATCHWORDS : Family Provision - Application by a daughter. - Whole of estate passes to widow. Estate not large. - Application refused. - No matter of principle. Singer v Berghouse (1994) 181 CLR 201; CASES CITED : Golosky v Golosky (unreported 5 Oct 1993); Elliott v Elliott (unreported 29 April 1986.) DECISION : Paragraphs 48 and 51

- 1 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

TUESDAY 13 JUNE 2000

5228/97 - VICKI SLATTERY v MARY GARDNER SLATTERY

JUDGMENT

1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late David John Slattery who died on 29 July 1997 aged sixty years. The deceased was survived by his first wife and his daughter of his first marriage, the plaintiff. He was also survived by the defendant, his second wife.

2 The deceased made his last Will on 28 May 1993, in which he appointed the defendant executor and left her the whole of his estate. He also left another document in which he recorded his testamentary intentions, to which I will return.

3 The estate consisted of superannuation of $4,050 and a Ford Fairlane of $10,000, a total of $14,050. There were credit card debts of some $6,236 and funeral expenses of $1,932, a total of $8,168. These debts have been paid by the defendant.