Mao v Peddley [2001] NSWSC 254

Reported Decision : (2002) DFC 95-249

New South Wales Supreme Court

CITATION : Mao v Peddley [2001] NSWSC 254 FILE NUMBER(S) : SC 4011/99 HEARING DATE(S) : 4 - 8 August, 11-13 December 2000 JUDGMENT DATE : 9 April 2001

PARTIES : Jenny (Zhi Ying) Mao (Plaintiff) Ronald Peddley (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : M. Willmott (Plaintiff) S. Reuben (Defendant) SOLICITORS : Altobelli & Associates (Plaintiff) Douglas J Millard with G H Healey & Co - Avalon and Ronald Peddley & Associates (Defendant) CATCHWORDS : Family Provision - Status of Plaintiff as an eligible person - Domestic relationship - Whether Plaintiff was de facto spouse of the Deceased - Matters to be considered - Plaintiff resided in Australia whilst the Deceased essentially resided in Thailand - Plaintiff resident in house of Deceased in Sydney - Plaintiff never visited Deceased in Thailand - Application by Plaintiff for permanent residency grounded upon a de facto relationship with another person during part of the period whilst Plaintiff now asserts she was in a de facto relationship with the Deceased - Present assertion by Plaintiff that statements made by her to the Department of Immigration were deliberately false - Credit of Plaintiff - Statements by Deceased relevant to existence of a de facto relationship with Plaintiff - Whether Plaintiff was living in a close personal relationship with the Deceased - Whether Plaintiff is an eligible person within paragraph (d) of definition - Membership of same household - Concept of dependency - Factors warranting the making of the application - Competing claims of benficiaries - Plaintiff has remained in residence in Deceased's house since death of Deceased - Cross-claim by executor for possession of house property - Claim by executor for mesne profits LEGISLATION CITED : Family Provision Act 1982 Property (Relationships) Act 1984 Roy v Sturgeon (1986) 11 NSWLR 454 Simonis v Perpetual Trustee Company Limited (1987) 21 NSWLR 677 Thompson v Department of Social Welfare (1994) 2 NZLR 369 Murdoch v Johnson (McLaughlin M, 27 May 1996, unreported) Nagatomi v Hudson (Young J, 18 September 1997, unreported) CASES CITED : Munro v Lake (McLelland J, 8 February 1991, unreported) Wagstaff v Wagstaff (Master Windeyer, 6 November 1991, unreported) Markulin v Drew (Young J, 12 August 1993, unreported) Re Fulop (1987) 8 NSWLR 679 Churton v Christian (1988) 13 NSWLR 241 Petrohilos v Hunter (1991) 25 NSWLR 343 DECISION : See paragraph 118