Campbell v The Public Trustee [2000] NSWSC 936

New South Wales Supreme Court

CITATION : Campbell v The Public Trustee [2000] NSWSC 936 FILE NUMBER(S) : SC 1182/99 HEARING DATE(S) : 24 August 2000 JUDGMENT DATE : 6 October 2000

PARTIES : Isobel Ruth Campbell (Plaintiff) The Public Trustee (Defendant) JUDGMENT OF : Master McLaughlin at 41

COUNSEL : Yvonne Holt (Plaintiff) John R. Wilson (Defendant) SOLICITORS : Thomas Laycock, Solicitors (Plaintiff) P J Whitehead, Solicitor for the Public Trustee (Defendant) CATCHWORDS : Family Provision - Intestacy - Small estate - Plaintiff was formerly the de facto spouse of Deceased - Whether Plaintiff was his de facto spouse at the time of death of Deceased - Plaintiff, in any event, is an eligible person within paragraph (d) of definition - Factors warranting the making of the application - Competing claims of persons entitled on intestacy (being the eight children of Deceased) Family Provision Act 1982 LEGISLATION CITED : Wills, Probate and Administration Act 1898 De Facto Relationships Act 1984 CASES CITED : Roy v Sturgeon (1986) 11 NSWLR 454 DECISION : See paragraph 41

SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Friday, 6 October 2000

1182/99 ISOBEL RUTH CAMPBELL -V- THE PUBLIC TRUSTEE JUDGMENT

1. MASTER: These are proceedings under the Family Provision Act 1982.

2. By summons filed on 25 January 1999 the Plaintiff, Isobel Ruth Campbell, claims an order for provision for her maintenance, education and advancement in life out of the estate of the late Kevin Morgan (to whom I shall refer as "the Deceased").

3. The Deceased died, aged 57, on 25 July 1997. He died intestate. Letters of administration of his intestate estate were on 14 October 1998 granted to the Public Trustee (who is the Defendant to the present proceedings).