Parsons v Lake [2001] NSWSC 572

New South Wales Supreme Court

CITATION : Parsons v Lake [2001] NSWSC 572 revised - 6/07/2001 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2109/2001 HEARING DATE(S) : 26/06/2001 JUDGMENT DATE : 26 June 2001

PARTIES : Charles Leonard PARSONS v Allan Thomas LAKE JUDGMENT OF : Acting Master Berecry at 1

COUNSEL : L. Ellison - plaintiff P. Dowdy - defendant SOLICITORS : Carroll & O'Dea - plaintiff Gibson Owen Lawyer, Inc - defendant CATCHWORDS : Action brought by plaintiff the widower of hte deceased - relationship began in 1960's - lived as de facto until 1980's when they married - harmonious marriage of 14 years - contributed his salary, and later pension and superannuation entitlements to the relationship although did not make a capital contribution to the purchase of the unit they lived in - surviving spouse should be provided with security of accommodation. LEGISLATION CITED : s 7 of the Family Provision Act, 1982 CASES CITED : Paton v The Public Trustee, unreported, Young J, 8 December, 1988 DECISION : Refer paragraphs 26 - 29.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ACTING MASTER BERECRY

TUESDAY, 26 JUNE 2001 2109/01 - CHARLES LEONARD PARSONS v ALLAN THOMAS LAKE JUDGMENT

1 MASTER: This is an application brought by the plaintiff pursuant to s 7 of the Family Provision Act. The plaintiff is the widower of the deceased Gwen Parsons who died on 14 August, 2000. 2 The evidence before me is that the deceased and the plaintiff had known each other for a long period of time. They first met in the early 1960s, according to the evidence of the plaintiff. Their relationship as friends over time grew and by 1970 to all intents and purposes they were living as man and wife. 3 The plaintiff had commenced residing with the deceased during the 1960s but they had maintained separate bedrooms. When the deceased's youngest child had reached a certain age, the plaintiff and the deceased then commenced sleeping together. By that stage, therefore, they had conducted their lives in a way which had all the appearances of a de facto relationship. 4 The evidence is that they continued in that relationship until the mid-1980s. During that earlier period the plaintiff had changed jobs; they had resided in rented accommodation and, in 1970, the deceased purchased the unit at West Ryde. The evidence this morning is that the plaintiff made no financial contribution to the purchase of that unit. The parties moved into that unit and continued to reside there up until their marriage and they occupied the unit until the deceased died. The plaintiff still occupies the unit. 5 Under the terms of the will the deceased gave the plaintiff a right to reside in the premises. Paragraph 5 of the will makes provision, inter alia:- "Permit my husband Charles Leonard Parson to use it as his residence,"