Carter v Stapleton [2002] NSWSC 695

New South Wales Supreme Court

CITATION : Carter v Stapleton [2002] NSWSC 695 FILE NUMBER(S) : SC 4531/00 HEARING DATE(S) : 31/07/02 JUDGMENT DATE : 9 August 2002

PARTIES : Deborah Lyndon Carter (Plaintiff) James Stapleton (Defendant) JUDGMENT OF : Acting Master Berecry at 1

COUNSEL : MS Willmott (Plaintiff) PT Taylor (Defendant) SOLICITORS : Eric Butler Solicitors ( Plaintiff) Taylor & Whitty Solicitors (Defendant) CATCHWORDS : dependency - member of same household - whether de facto relationship had existed - nature of relationship post de facto relationship - s 32 family Provision Act - admissibility of oral statements made by deceased LEGISLATION CITED : Family Provision Act 1982 (NSW) Property (Relationships) Act (1984) NSW Roy v Sturgeon (1986) 11 NSWLR 454 CASES CITED : Markulin v Drew (1993) DFC 95-40 Re Fulop (deceased) (1987) 8 NSWLR 679 DECISION : 1.Provision is to be made out of the deceased's estate for the plaintiff in the sum of $40,000; 2.Defendant to pay plaintiff's costs on a party party basis; 3.Defendant's costs to be paid out of the estate on an indemnity basis.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Acting Master Berecry

9 August 2002

4531/00 Deborah Lyndon Carter v James Stapleton JUDGMENT 1 Master: On 8 November 2000, Deborah Lyndon Carter ("the plaintiff") commenced proceedings seeking an order pursuant to s 7 of the Family Provision Act 1982 (NSW) ("the Act"), for provision to be made for her maintenance, education and advancement in life out of the estate of the late Peta (also known as Peter) John Stapleton ("the deceased"). The deceased died between 2 and 3 August 1999, therefore the application is brought within time. The deceased did not make a will, and letters of administration were granted to the defendants on 7 March 2001. The estate consisted of realty at Spring Hill and two credit union accounts. For the purposes of probate, the value of the estate was $148,039.81. The current value of the estate is approximately $181,000.00.