MULCAHY v. WELDON [2001] NSWSC 474

New South Wales Supreme Court

CITATION : MULCAHY v. WELDON [2001] NSWSC 474 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4732/99 HEARING DATE(S) : 18/05/2001 JUDGMENT DATE : 12 June 2001

PARTIES : Patricia Elizabeth Mulcahy - Plaintiff Paul John Weldon - Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : Ms L. Robinson - Plaintiff Mr C.J. Bevan & Mr J. Raneri - defendant SOLICITORS : G.H. Healey & Co - Plaintiff Turner Freeman - Defendant CATCHWORDS : FAMILY PROVISION - former spouse - marriage in 1971, separation in 1988, divorce in 1989 - order of Family Court for property settlement adopted agreed Terms of Settlement in March 1990 and plaintiff received $150,000 - TS contained covenant to execute Deed of Release of Family Provision claims but neither side required Deed to be executed and no order under s.31 - H died 1998 and left estate $358,000 to distant cousins he had never met - plaintiff now lives in Aged Persons accommodation, Age Pension and savings $2000 and no other resources - no continuing relationship or contact after separation: HELD under s.9(1), no factors warranting application, proceedings dismissed. Family Provision Act 1982 (NSW) LEGISLATION CITED : Conveyancing Act 1919 (NSW) Family Law Act 1975 (Cth) Wilson v. Harper [1908] 2 Ch 370 Churton v. Christian (1988) 13 NSWLR 241 CASES CITED : White v. Baron (1980) 144 CLR 431 Dijkhuijs (formerly Coney) v. Barclay (1988) 13 NSWLR 639 Permanent Trustee Co. Ltd v. Fraser (1995) 36 NSWLR 24. Burke v. Public Trustee [1997] SASC 6423 DECISION : Proceedings are dismissed. Costs reserved.