Parkinson v Burns [2000] NSWSC 991

New South Wales Supreme Court

CITATION : Parkinson v Burns [2000] NSWSC 991 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4260 of 1999 HEARING DATE(S) : 23/10/00 JUDGMENT DATE : 23 October 2000

PARTIES : Neil Parkinson v Joan Burns JUDGMENT OF : Master Macready at 1

COUNSEL : Mr D. Baron for plaintiff Mr M.S. Willmott for defendant SOLICITORS : Remington & Co for plaintiff Yandell Wright Stell for defendant CATCHWORDS : Family Provision application by a nephew. Whether plaintiff was part of household and dependent. - Held - plaintiff was not and claim dismissed. Benny v Jones (1991) 23 NSW LR 559 the Court of Appeal; Ball v Newey (1988) 13 NSW LR 1989; Petroholis v Hunter (1991) 25 NSW LR 343 at 346; CASES CITED : McKenzie v Baddeley (Court of Appeal, 3 December 1991; Williams v Legge (Court of Appeal 16 March 1993; Kingsland v MacIndoe 1989 VR 273; Markulan v Drew (1993) DFC 95-140; Daldry v Ryman unreported 15 July 1992; Munroe v Lake (unreported 8 February 1991 DECISION : Para 21

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

MASTER MACREADY

MONDAY 23 OCTOBER 2000

NO 4260/99 - NEIL PARKINSON V JOAN BURNS - ESTATE OF DAPHNE MAY TURNER.

JUDGMENT:

1 MASTER: This is an application under the Family Provision Act by the plaintiff out of the estate of the late Daphne May Turner who died 10 July 1999 aged eighty one years. The deceased's only child and her two husbands had predeceased her. The plaintiff was the deceased's nephew. 2 The deceased left a will dated 27 October 1994 under which she appointed the defendant, a close friend of hers for many years as executrix. Apart from a small legacy to Maize Parkinson the estate passed to the defendant. The estate has a present value of $897,617.49. There will be some costs to come out of the estate. The plaintiff claims that he falls within the definition of eligible person under par 6(1)(d) of the Family Provision Act. Thus it is necessary for him to prove: