Linda GOLAN v June FREY; Estate of the late Kurt FREY [2002] NSWSC 848

New South Wales Supreme Court

CITATION : Linda GOLAN v June FREY; Estate of the late Kurt FREY [2002] NSWSC 848 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2102/01 HEARING DATE(S) : 09 & 10/09/2002 JUDGMENT DATE : 16 September 2002

PARTIES : Linda GOLAN v June FREY; Estate of the late Kurt FREY JUDGMENT OF : Acting Master Berecry at 1

COUNSEL : Mr P. Strasser (Plaintiff) Mr J. Wilson (Defendant) SOLICITORS : Milne Berry & Berger (Plaintiff) C.P. White & Hetherington (Defendant) CATCHWORDS : Family Provision Act - notional estate - daughter inadequate provision during lifetime - surviving spouse - long, happy marriage - balancing of needs - contributions by widow. LEGISLATION CITED : Family Provision Act 1982 Luciano v Rosenblum (1985) 2 NSWLR 65 Marshall v Carruthers (unreported, [2002] NSWCA 47) Mallet v Mallet (1984) 156 CLR 605 at 636 CASES CITED : Evans v Marmont (1997) 42 NSWLR 70 Hunter v Hunter (1987) 8 NSWLR 573 Golosky v Golosky (unreported, NSWCA, 5 October 1993) Elliot v Eliott (unreported, 29 April 1986) DECISION : Refer paras 41 & 42.

- 13 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ACTING MASTER BERECRY

MONDAY, 16 SEPTEMBER 2002

2102/01 Linda GOLAN v June FREY; Estate of the late KURT FREY JUDGMENT 1 MASTER: The plaintiff, the daughter of the deceased, the late Kurt Frey, commenced proceedings on 6 April 2001 seeking orders pursuant to ss 7 and 23 of the Family Provision Act. The deceased died on 1 January 2002. The plaintiff obtained Letters of Administration on 17 November 2002. The defendant, June Frey, is the widow of the deceased. The plaintiff's mother was the deceased's first wife. Of that marriage there were two children, namely the plaintiff and her sister, Brenda Bence. 2 Background and quality of marriage