Deaves v Anthony [2004] NSWSC 683

New South Wales Supreme Court

CITATION : Deaves v Anthony [2004] NSWSC 683 HEARING DATE(S) : Monday 26 July 2004 JUDGMENT DATE : 26 July 2004 JURISDICTION: Equity JUDGMENT OF : Acting Master Berecry at 1 DECISION : See paragraph 37

CATCHWORDS : FAMILY PROVISION -- de facto relationship -- long and happy relationship -- declining health -- need for assisted care accomodation -- competing needs LEGISLATION CITED : Family Provision Act 1982 Elliott v Elliott, Powell J, unreported 18 May 1984 CASES CITED : Luciano v Rosenblum (1985) 2 NSWLR 65 Marshall v Carruthers [2002] NSWCA 47 Shaheen v Najjar, Master Macready, unreported 26 August 1994 PARTIES : Arthur Deaves - plaintiff John Anthony - defendant FILE NUMBER(S) : SC 2115/04 COUNSEL : Y Holt for plaintiff RH Taperell for defendant SOLICITORS : Fiddes McKenzie Lawyers for plaintiff Braye Cragg Solicitors for defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Acting Master Berecry

Monday 26 July 2004

2115/04 Arthur Deaves v John Anthony – Estate of June Sybil Deaves JUDGMENT 1 MASTER: This is an application brought pursuant to s 7 of the Family Provision Act 1982 (the Act) for additional provision to be made out of the estate of June Sybil Deaves for the plaintiff.

2 The plaintiff and the deceased lived together in a de facto relationship from approximately 1972 to 2004. In January 2004 the deceased died. At the time of death the plaintiff, therefore, was in a de facto relationship with the deceased. The plaintiff, therefore, falls within the category of eligible persons in the definition in the section of the Act, namely, section 6(1).