Fisher v Thomson [2006] NSWSC 527

New South Wales Supreme Court

CITATION : Fisher v Thomson [2006] NSWSC 527

HEARING DATE(S) : 1 and 2 May 2006

JUDGMENT DATE : 6 June 2006

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Plaintiff to receive legacy of $775,000.

CATCHWORDS : FAMILY PROVISION ACT - claim by adult daughter - large estate - whole of estate passed to de facto wife - daughter has significant medical problems and at present is unable to work full time

LEGISLATION CITED : Family Provision Act 1982, s7

Bosch v Perpetual Trustee Company Limited [1938] AC 463 CASES CITED : Mayfield v Lloyd-Williams [2004] NSWSC 419 Re Buckland deceased [1966] VR 404 Singer v Berghouse (1994) 181 CLR 201

PARTIES : Nicole Leanne Fisher (Plaintiff) Lucy Patricia Thompson (Defendant)

FILE NUMBER(S) : SC 4274 of 2004

COUNSEL : Mr M Heaton QC with him Mr A Paterson (Plaintiff) Mr P Hallen SC with him Mr L Gyles (Defendant)

SOLICITORS : Maddens Lawyers (Plaintiff) Wood Fussell (Defendant)

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

WINDEYER J

TUESDAY 6 JUNE 2006

4274/04 NICOLE LEANNE FISHER V LUCY PATRICIA THOMSON

JUDGMENT

1 This is an action brought under s7 of the Family Provision Act 1982 in which the plaintiff, Nicole Leanne Fisher, seeks provision for her maintenance and advancement from the estate of her late father Thomas Charles Fisher (the deceased). The defendant, Lucy Patricia Thomson, was the defacto wife of the deceased from July 1988 until his death on 17 May 2003.

2 The deceased left a will dated 7 January 2003. Probate of that will was granted to the defendant on 22 September 2003. Under that will the deceased gave all his estate to the defendant. The estate is now valued at $7,586,743. In view of the large amount it is not necessary to set out the assets and liabilities at death. The deceased started, built up and ran a very successful business at Fyshwick selling power tools and workshop equipment.