ALQUIST v. ANZ EXECUTORS & TRUSTEE COMPANY LIMITED & ANOR [2004] NSWSC 1116

New South Wales Supreme Court

CITATION : ALQUIST v. ANZ EXECUTORS & TRUSTEE COMPANY LIMITED & ANOR [2004] NSWSC 1116 HEARING DATE(S) : Monday 15 November 2004 JUDGMENT DATE : 23 November 2004 JURISDICTION: Equity JUDGMENT OF : Acting Master Berecry at 1 DECISION : I dismiss proceedings No. 6145 of 2002; In relation to proceedings No. 6146 of 2002, I make the following orders:-; (a) that out of the estate of the late Constance Jean Alquist, the plaintiff, Laurence Victor Alquist, receive the property known as 32 Fitzgerald Avenue, Maroubra; (b) the defendant pay the plaintiff's costs on a party/party basis and the defendants' costs be paid out of the estate on an indemnity basis; 3 I order that the plaintiff receive payment from the estate in the sum of $30,000.

CATCHWORDS : Family provision - claim by son - sole beneficiary granddaughter - large estate - spendthrift - nature of relationship with deceased - circumstances prior to will - intention of deceased - claim by daughter in law - dependency - whether rent free accommodation given because of relationship with deceased - absence of additional factors warranting provision. LEGISLATION CITED : Family Provision Act 1982 Re Fulop, deceased (1987) 80 NSWLR 679 CASES CITED : Clinch v. Swift (Young, J. unreported 13 October 1988) Singer v. Berghouse (1994) 181 CLR 201 Bondy v. Vavros (Young, J. unreported 29 August 1988) PARTIES : ALQUIST, Laurence Victor v. ANZ EXECUTORS & TRUSTEE COMPANY LIMITED & ANOR ALQUIST, Donna Louise v. ANZ EXECUTORS & TRUSTEE COMPANY LIMITED & ANOR FILE NUMBER(S) : SC No. 6146/2002; No. 6145/2002 COUNSEL : Plaintiff: Mr. T.J. Morahan Defendant: Mr. J. Armfield SOLICITORS : Plaintiff: M.H. Peoples & Co. Defendant: McCabe Terrill