Nedljkovic v Orozovic [2005] NSWSC 755

New South Wales Supreme Court

Nedljkovic v Orozovic [2005] NSWSC 755 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26/07/2005

JUDGMENT DATE : 28 July 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 62

CATCHWORDS : Family Provision. Application under the Family Provision Act by a partner of the deceased of 30 years. Held de facto relationship with deceased. Order for provision made.

PARTIES : Leposova Nedljkovic v Sreten Orozovic (Estate of Dusan Paripovic)

FILE NUMBER(S) : SC 4684/2004

Mr M. Heath for plaintiff COUNSEL : Mr B. Ralston for defendant

Konstan Lawyers for plaintiff SOLICITORS : Robert D West & Associates for defendant

LOWER COURT JURISDICTION :

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

ASSOCIATE JUSTICE MACREADY

THURSDAY 28 JULY 2005

4684/04 - LEPOSOVA NEDLJKOVIC v SRETEN OROZOVIC - ESTATE OF DUSAN PARIPOVIC

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Dusan Paripovic who died on 5 December 2003 aged sixty-eight years. He was never married and did not have children. He was survived by the plaintiff, who had lived in his house for some thirty years, and was also survived by a number of relatives. THE WILL OF THE DECEASED 2 Under the will of the deceased, the deceased appointed the defendant as executor. He was a long-time friend. The deceased gave legacies to a number of people. There was a legacy of $20,000 to Jenny Orozovic, the daughter of the defendant and the God daughter of the deceased. He gave a legacy of $20,000 to Gordana Tulum, described as a niece of the deceased. He gave the plaintiff a legacy of $25,000 and the residue he gave to his sister, Sabic Paripovic, and her daughter, Gordana Yuma. They, apparently, live in Yugoslavia. The defendant was entitled to commission of five per cent of the residue of the estate. ASSETS 3 The assets in the estate consisted of the following: