Hooper v Winten [2002] NSWSC 1071

Reported Decision : (2002) DFC 95-262

New South Wales Supreme Court

CITATION : Hooper v Winten [2002] NSWSC 1071 revised - 20/11/2002 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1991 of 2000 HEARING DATE(S) : 28, 29, 30, 31 October 2002 JUDGMENT DATE : 13 November 2002

PARTIES : Bryan Hooper (Plaintiff) Robert Winten (Defendant) JUDGMENT OF : Windeyer J at 1

COUNSEL : Mr J Wilson (Plaintiff) Mr P Hallen SC (Defendant) SOLICITORS : John B Gray (Plaintiff) Holman Webb (Defendant) CATCHWORDS : SUCCESSION - family provision - eligible person - same sex relationship - whether the deceased was in a de facto relationship with the plaintiff at the time of death LEGISLATION CITED : Family Provision Act 1982, s6 s7 Property (Relationships) Act 1984, s4, s5 DECISION : See paragraphs 40 and 41

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

WINDEYER J

WEDNESDAY 13 NOVEMBER 2002

1991/00 BRYAN HOOPER V ROBERT WINTEN JUDGMENT Outline 1 This is a claim for provision pursuant to s7 of the Family Provision Act 1982 (the Act) by the plaintiff out of the estate of Chandler Philip Coventry who died on 14 September 1999. The plaintiff is Mr Bryan Hooper. He claims to have been in a de facto relationship with the deceased at the time of his death. In the alternative he claims to be a person who was at a particular time partly dependent on the deceased. The plaintiff is a male person as was the deceased; both were homosexuals. Legislation 2 Only an eligible person can claim provision under the Act. Mr Hooper claims to fall within two parts of the definition of eligible person under s6 of the Act namely: (a) A person: … (ii) with whom the deceased person was living in a domestic relationship at the time of the deceased person's death; or