Treasure v Richardson [2003] NSWSC 664

New South Wales Supreme Court

CITATION : Treasure v Richardson [2003] NSWSC 664 HEARING DATE(S) : 29 & 30 April 2003 JUDGMENT DATE : 28 July 2003 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION :

CATCHWORDS : Family Provision. Application by a former de facto partner. Plaintiff affected by alcohol for many years leading to the end of the relationship. Deceased still assisting plaintiff after conclusion of relationship. No factors warranting the making of the application. PARTIES : Madge Lorna Treasure by her Tutor The Protective Commissioner v Carol Richardson FILE NUMBER(S) : SC 1188/02 COUNSEL : P.H. Blackburn-Hart for plaintiff J.S. Drummond for defendant SOLICITORS : Tony Valentine & Co for plaintiff Bateman Battersby for defendant

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

Master Macready

Monday 28 July 2003

1188/02 Madge Lorna Treasure v Carol Richardson JUDGMENT 1 Master: This is an application under the Family Provision Act in respect of the estate of the late Laurence Nicolas Sanderson who died on 29 July 2000 aged 79 years. For many years the plaintiff lived in a de facto relationship with the deceased. The proceedings have been brought on the plaintiff's behalf by her tutor, the Protective Commissioner. The defendant is the daughter of the deceased and his former wife. The deceased's last will and testament 2 By his last will made on the 7 June 1996 the deceased appointed his daughter, the defendant, as executor. He gave legacies of $5,000 each to his two granddaughters and he gave the residue of his estate to his daughter, the defendant. On the 23 August 1996, the deceased executed a statement in which he explained the reasons why he did not make provision for the plaintiff in his will. The estate of the deceased 3 At the date of death, the estate of the deceased consisted of his property at 37 James Street Seven Hills which was sold in October 2000 for $168,000. There was cash in the bank of slightly in excess of $12,000 and there were personal effects of $500. The legacies of $5000 each were paid to the legatees and on 8 December 2000 the balance of the estate, namely, $152,000 was paid to the defendant. The defendant used those funds to purchase a property at Kingswood Park for $105,000 and she spent the balance on various improvements to the property and the purchase of a motor vehicle. Apparently the house is now worth $220,000. If the plaintiff is successful in her application she seeks to have the property at 203 Richmond Road, Kingswood Park designated as notional estate for the purposes of payment of any legacy that she might receive. 4 The costs incurred by the defendant at the end of the two day hearing will amount to $32,626.96. The plaintiff's costs will amount to $34,300 making a total of $66,926.96.