Robb v Hunter & Anor [2003] NSWSC 946

New South Wales Supreme Court

CITATION : Robb v Hunter & Anor [2003] NSWSC 946 HEARING DATE(S) : 20/10/03, 21/10/03 JUDGMENT DATE : 22 October 2003 JURISDICTION: 5663/01 JUDGMENT OF : Master Macready at 1 DECISION : See paragraphs 49 and 50

CATCHWORDS : Family Provision. Application by de facto partner who was left a life interest in one half of the matrimonial home. Consideration of competing claim of a son. Small estate insufficient to accommodate all claims. PARTIES : Loretta Margaret Robb v Robert Mervin Hunter and Pam Hunter FILE NUMBER(S) : SC 5663/2001 COUNSEL : Mr C.F. Hodgson for plaintiff Mrs K Thompson for defendant SOLICITORS : Enrights Solicitors, Maitland Oliver Campbell Lawyers, Cessnock

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

Master Macready

Wednesday 22 October 2003

5663/01 Loretta Margaret Robb v Robert Mervin Hunter and Pam Hunter JUDGMENT 1 Master: This is an application under the Family Provision Act 1982 in respect of the estate of the late John Hunter who died on 2 June 2000 aged 67 years. The plaintiff, who had been living with him as his de facto partner at the date of death and for many years before that date, and his son, the first defendant, survived the deceased. The deceased's former wife, the mother of the first defendant, has been given notice of the proceedings and makes no claim on the estate. The will of the deceased 2 The deceased made his last will on 7 September 1989 under which he left his tools of trade to his son. He left his half share of the property, which he and the plaintiff owned, to the defendants subject to the plaintiff having the right to reside therein until her death. The executor named in the will renounced probate and the plaintiff obtained a grant of letters of administration with the will annexed. It was for this reason that the defendants were joined as defendants. The estate of the deceased 3 The estate of the deceased comprises the following: