SPENCE v. ANTUNOVICH [2004] NSWSC 1128

New South Wales Supreme Court

CITATION : SPENCE v. ANTUNOVICH [2004] NSWSC 1128 HEARING DATE(S) : Thursday 18 November 2004 JUDGMENT DATE : 26 November 2004 JURISDICTION: Equity JUDGMENT OF : Acting Master Berecry at 1 DECISION : 1. In addition to the provision made for the first plaintiff in the will of the late Doreen May Antunovich, the first plaintiff receive payment of a lump sum of $120,000; 2. The defendant pay the first plaintiff's costs; 3. The second plaintiff receive by way of lump sum payment out of the estate of the late Doreen May Antunovich the sum of $20,000; 4. The defendant pay the second plaintiff's costs; 5. The defendant's costs be paid out of the estate on the indemnity basis.

CATCHWORDS : Family provision claim - claim by daughter and grandson - close relationship between deceased and plaintiffs - special care provided by grandson - adequate provision. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Re Fulop, deceased (1987) 80 NSWLR 679 PARTIES : SPENCE, Tanya May & ANOR v. ANTUNOVICH, Steven Mark FILE NUMBER(S) : SC No. 1681 of 2003 COUNSEL : Plaintiff: B. Townsend Defendant: R.D. Wilson/M. Tibbey SOLICITORS : Plaintiff: Jackson Smith Defendant: Turnbull Hill Lawyers

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ACTING MASTER BERECRY

FRIDAY 26 NOVEMBER 2004

No. 1681 of 2003

TANYA MAY SPENCE & ANOR v. STEVEN MARK ANTUNOVICH JUDGMENT 1 ACTING MASTER: On 3 March 2003, the plaintiffs filed a summons seeking orders pursuant to s.7 of the Family Provision Act 1982, for provision out of the estate of the late Doreen May Antunovich. The deceased died on 18 September 2001. The proceedings therefore are brought within time. 2 The first plaintiff and the defendant are the children of the deceased. The second plaintiff is the son of the first plaintiff and the grandson of the deceased.