Paul Joseph Colley v The Public Trustee [2000] NSWSC 486

New South Wales Supreme Court

CITATION : Paul Joseph Colley v The Public Trustee [2000] NSWSC 486 FILE NUMBER(S) : SC 4304 of 1995 HEARING DATE(S) : 7,8, 9 and 16 June 1999 Final Written Submissions 9 August 1999 JUDGMENT DATE : 9 June 2000

PARTIES : Paul Joseph Colley v The Public Trustee JUDGMENT OF : Simos J at 1

R B Wilson (Plaintiff) COUNSEL : L J Ellison (Defendant) Stacks - The Law Firm (Plaintiff) SOLICITORS : Gordon A Salier (Defendant) CATCHWORDS : Family Provision Act 1982 - order made in favour of applicant who cared for the testator for many years. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Permanent Trustee Company Limited v Fraser (1995) 36 NSWLR 24; Singer v Berghouse (1994) 181 CLR 201. DECISION : Order in favour of the applicant.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQD4304/95 SIMOS J

9 June 2000 PAUL JOSEPH COLLEY v THE PUBLIC TRUSTEE JUDGMENT

The Proceedings: 1 By summons, Paul Joseph Colley, the plaintiff, claimed against the Public Trustee, as executor of the estate of the late Richard Leon Quesnel ("the testator"), pursuant to section 7 of the Family Provision Act 1982 , an order that provision be made out of the estate of the testator for his maintenance and advancement in life. The plaintiff claims, and it is not disputed on behalf of the defendant, that he is an eligible person in relation to this application, upon the basis that he was a member of the household of the testator prior to his death, as well as upon the basis that he was relevantly dependent upon the testator prior to his death.