Bogan v Macorig [2004] NSWSC 993

New South Wales Supreme Court

CITATION : Bogan v Macorig [2004] NSWSC 993 30, 31 August 2004 HEARING DATE(S) : 1 September 2004 18 October 2004 JUDGMENT DATE : 28 October 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 85

CATCHWORDS : Family Provision. Application by a former de facto parnter for provision. Eligibility in issue. Plaintiff found to be eligible and part of the household and partly dependent. Order for legacy. PARTIES : Brenda Iris Bogan v Shelley Maree Macorig and Murray Alexander Ham (Estate of Raymond Walter Ham) FILE NUMBER(S) : SC 1923 of 2003 COUNSEL : J.R. Wilson SC for plaintiff G.E. Underwood for defendants SOLICITORS : Moroney Rutter Mantach for plaintiff Thomas Mitchell Partners for defendants

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

Master Macready

Thursday 28 October 2004

1923 of 2003 BRENDA IRIS BOGAN v SHELLY MAREE MACORIG AND MURRAY ALEXANDER HAM – ESTATE OF RAYMOND WALTER HAM DECEASED JUDGMENT 1 MASTER: This is an application under the Family Provision Act 1982 (NSW) in respect of the estate of the late Raymond Walter Ham who died on 1 November 2002. The deceased was survived by his former wife, his two children of that marriage being the defendants in this matter and the plaintiff who had a long-standing relationship with the deceased. The last will of the deceased 2 The last will of the deceased was made on 14 August 1978 under which he gave the whole of his estate to his children, the defendants, equally. In the circumstances of the case, the will did not appoint executors and on 28 February 2003 the defendants obtained Letters of Administration CTA. The estate of the deceased 3 The deceased owned a house at Catherine Hill Bay near Newcastle and various savings. The home has been sold and the amount in the estate after administration costs comes to $664,396.29. 4 There has been a partial distribution of an amount of $234,698.14 to each of the defendants. The balance of the estate was initially set-aside in an account and that balance was $200,000.00. The account is in a Building Society in the name of the defendants and their solicitor. The amount now held in that account is $154,644.72. Interest has accrued on that account over time and there has been payment out of the account to the defendants' solicitors in the sum of $16,250.55 in respect of the defendants' legal costs. From time to time there have been further distributions to the two defendants. The total distribution shared between them equally amounted to $38,500.00. 5 The costs which have been incurred in the estate are fairly substantial. The outstanding costs for the defendants including the third day of the hearing amounted to $26,819.45. The plaintiff's estimate of costs up to the third day of the hearing amounted to $44,500.00. This totals $71,319.45. Family history