Forsythe v Rae [2005] NSWSC 979

New South Wales Supreme Court

CITATION : Forsythe v Rae [2005] NSWSC 979

HEARING DATE(S) : 27/09/05

JUDGMENT DATE : 28 September 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 66

CATCHWORDS : Family Provision. Application by three children of deceased's first marriage. Estate passes to de facto partner of 16 years. Orders for legacies in favour of plaintiffs.

PARTIES : Danielle Julie Forsythe & 2 Ors v Rebecca Ruth Rae (Estate of Daniel John Maher)

FILE NUMBER(S) : SC 5705 of 2004

Mr B. Kinsella for plaintiffs COUNSEL : Mr P. O'Loughlin for defendant

B.L. Crane & Associates for plaintiff SOLICITORS : John B. Gray for defendant

LOWER COURT JURISDICTION :

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

ASSOCIATE JUSTICE MACREADY

WEDNESDAY 28 SEPTEMBER 2005

5705/04 - DANIELLE J FORSYTHE & ORS v REBECCA RUTH RAE (ESTATE OF LATE DANIEL JOHN MAHER)

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Daniel John Maher who died on 18 September 2003. He was survived by his partner, the defendant, his former wife, and his three children of his first marriage who are the plaintiffs in the action. 2 Notice of the proceedings has been given, inter alia, to his former wife and she makes no claim. LAST WILL OF THE DECEASED 3 The deceased made his last will on 26 February 2002. In the events which have happened the whole estate passes to the defendant, Rebecca Rae, and she was appointed executor and trustee. ASSETS IN THE ESTATE 4 The main asset of the deceased was seventy-five shares in a company called Noramas Pty Limited which owned the freehold of the Australian Hotel in Redfern Street, Cowra. That hotel is leased to 2007 and at the moment produces an income stream from that lease. The deceased's interest in respect of that hotel is valued at $1,125,000. He also owned a Nissan Pulsar motor car which has been sold for $9,300. 5 The deceased also owned jointly with his partner the following properties: