Demetriou & Ors v Jenner & Anor [2005] NSWSC 103

New South Wales Supreme Court

CITATION : Demetriou & Ors v Jenner & Anor [2005] NSWSC 103

HEARING DATE(S) : 9 - 10 February

JUDGMENT DATE : 10 February 2005

JURISDICTION : Equity Division

JUDGMENT OF : Acting Master Berecry at 1

DECISION : See paragraphs 68 - 69

CATCHWORDS : Family Provision - Small Estate - Long happy marriage - Chronic illness of deceased - Care provided by widow - Competing needs - Special circumstances

LEGISLATION CITED : Family Provision Act 182

Singer v Berghouse (1994) 181 CLR 201 Golosky v Golosky, 5 October 1998, unreported Luciano v Rosenblum (1985) NSWLR 65 O'Laughlin v Low (2002) NSWLR 222 CASES CITED : Sayer v Sayer (1999) NSWCA 340 Blackmore v Allen (2000) NSWCA 162 Bladwell v Davies (2004) NSWCA 170 Re Fulop v Public Trustee (1987) 8 NSWLR 679

Merlyn Demetriou Samantha Demetriou PARTIES : Andrew Demetriou Christina Jenner Simon Demetriou

FILE NUMBER(S) : SC 0258 of 2003

J Needham SC (First Plaintiff) COUNSEL : S Roberts (Second and Third Plaintiffs) M Osterberg-Olsen (Defendant)

Makinson & D'Apice (Plaintiffs) SOLICITORS : Adrian & Fellows (Defendants)

LOWER COURT JURISDICTION : Compensation Court

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ACTING MASTER BERECRY

10 February 2005

2589 of 2003 Merlyn May DEMETRIOU & 2 ORS v Christina JENNER & ANOR JUDGMENT 1 CORAM: The proceedings before me are proceedings commenced under s 7 of the Family Provision Act by summons. The proceedings relate to the estate of the late Soterakis Demetriou, and the proceedings are brought by the widow of the deceased and his two children of the second marriage. It was indicated at the outset of the proceedings that the children of the second marriage would not be contesting these proceedings save as to the preservation of the legacy that they received under their late father's will, and the question of costs. 2 The first plaintiff is forty-five years of age. She was born in the Philippines and came to Australia in 1986. She had previously met the deceased in the Philippines, and according to her evidence he asked her to marry him. She declined on the basis that she did not know him and then it was suggested by him that she come to Australia to see if she would like it there and they could eventually marry. She came to Australia with a friend and on 18 October 1986 she and the deceased married.