Marinis v Jeweller [2000] NSWSC 135

New South Wales Supreme Court

CITATION : Marinis v Jeweller [2000] NSWSC 135 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4632/98 HEARING DATE(S) : 22, 23, 24, 25 and 26 November 1999 JUDGMENT DATE : 9 March 2000

PARTIES : Antonios Marinis (P) John Jeweller (D) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr. J. R. Wilson (P) Mrs. M. Gilmour (D) SOLICITORS : Slattery Thompson (P) Jeweller Peetz (D) CATCHWORDS : Family provision - Plaintiff claims to be de facto widower of deceased - Defendant disputes status of plaintiff and asserts that he was merely a lodger in deceased's apartment - Plaintiff and deceased resided together for thirty-seven years - Deceased was thirty-one years older than plaintiff - Nature of domestic arrangements between plaintiff and deceased - Whether they had a sexual relationship - Parties jointly purchased an investment apartment in Athens - Plaintiff retired from employment when aged forty-eight - Manner in which plaintiff managed household, and cared for deceased in her declining years - Plaintiff attended to deceased's banking - Plaintiff was appointed executor of deceased's will - Status of plaintiff as de facto widower of deceased is not determinative of plaintiff's claim - Financial and material circumstances of plaintiff - Present assets of plaintiff total $890,000 - Whether plaintiff has been left without adequate provision for his proper maintenance - Competing claims of residuary beneficiaries - Proceedings under Family Provision Act are not an appropriate vehicle by which to resolve disputed questions concerning the existence or non-existence of additional assets in the estate or concerning the conduct of the plaintiff in the course of his administration of the estate. Family Provision Act 1982 LEGISLATION CITED : De Facto Relationships Act 1984 Property (Relationships) Act 1984 CASES CITED : Roy v Sturgeon (1986) 11 NSWLR 454 DECISION : See paragraph 83.