McCrae and Burtenshaw v Burtenshaw [2006] NSWSC 396

New South Wales Supreme Court

CITATION : McCrae and Burtenshaw v Burtenshaw [2006] NSWSC 396

HEARING DATE(S) : 5, 6 and 7 December 2005

JUDGMENT DATE : 9 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : 3575 of 2004 Lisa Maree McCrae v Leslie Jean Burtenshaw. (1). I declare that the Plaintiff is a person with whom the late Christopher Ronald Burtenshaw ("the Deceased") was living in a de facto relationship at the time of his death. (2). I order that the summons be dismissed. (3). I stand over the proceedings to a date to be fixed by arrangement with my Associate for argument as to costs. 5592 of 2004 Kelly Ann Burtenshaw and Jace Mathew Burtenshaw v Leslie Jean Burtenshaw and Energy Industries Superannuation Scheme Pty Limited. (1). I order that the time for the making of this application be extended up to and including the date of the filing of the summons herein. (2). I order that, in addition to the respective benefits given to them by the will of the late Christopher Ronald Burtenshaw ("the Deceased"), each Plaintiff receive a legacy in the sum of $20,000, such legacies to be payable out of the notional estate of the Deceased. (3). I order that the death benefit payable by the Second Defendant consequent upon the death of the Deceased be designated notional estate of the Deceased to the extent of $40,000. (4). I order that each of the aforesaid legacies not bear interest if paid on or before 9 July 2006, and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the Wills, Probate and Administration Act 1898, and that any such interest be paid out of the aforesaid death benefit, and, that, to such extent, and in addition to the extent referred to in order 2 hereof, that death benefit be designated notional estate of the Deceased. (5). I stand over the proceedings to a date to be fixed by arrangement with my Associate for argument as to costs.