Zaleski v Patterson & Anor: Estate G.C. Hazzard [2005] NSWSC 54

New South Wales Supreme Court

CITATION : Zaleski v Patterson & Anor: Estate G.C. Hazzard [2005] NSWSC 54

HEARING DATE(S) : 3 and 4 February, 2005

JUDGMENT DATE : 4 February 2005

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

DECISION : Summons dismissed with costs.

CATCHWORDS : FAMILY PROVISION ACT - Claimant lived in domestic relationship with deceased for eight months prior to deceased's death - deceased left marriage of thirty years to live with claimant - claimant misrepresented her true financial position for purposes of claim.

LEGISLATION CITED : Family Provision Act 1982 (NSW) - s.7

Judy Clark Zaleski - Plaintiff PARTIES : Wayne William Patterson - First Defendant Lesley Anne Hazzard - Second Defendant

FILE NUMBER(S) : SC 6393/03

C.M. Simpson - Plaintiff COUNSEL : A.L. Hill, P.M. Jeffries - Defendants

James C. Hall - Plaintiff SOLICITORS : McCabe Terrill - Defendants

LOWER COURT JURISDICTION :

Ex tempore

Introduction

1 The Plaintiff, Mrs Zaleski, seeks an order under s.7 of the Family Provision Act 1982 (NSW), for her maintenance out of the estate of the late Gregory Charles Hazzard. The Plaintiff brings her claim as a person with whom the deceased was living in a domestic relationship at the time of his death. There is no dispute that the Plaintiff was in such a relationship with the deceased and that she is an eligible person as defined in the Act. 2 The deceased died on 30 June 2002, leaving a will dated 28 October 1979. The will left the whole of his estate to the Second Defendant who was, as at the date of the deceased's death, still his wife. Probate of the will was granted to the First Defendant as executor on 17 June 2003. 3 The deceased was born in 1951. He married the Second Defendant, who was born in 1952, in March 1972. There were two children of the marriage, Cassandra born in 1975, and Luke born in 1979. Without intending any disrespect, and purely for the sake of intelligible reference, I will refer to the members of the Hazzard family as Greg, Lesley, Cassandra and Luke. The relevant facts