Collings v Vakas [2006] NSWSC 393

New South Wales Supreme Court

CITATION : Collings v Vakas [2006] NSWSC 393

HEARING DATE(S) : 3 May 2006

JUDGMENT DATE : 11 May 2006

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Claim dismissed.

CATCHWORDS : SUCCESSION - FAMILY PROVISION AND MAINTENANCE - jurisdiction - need for cogent evidence of plaintff's financial situation before jurisdiction is established - otherwise turns on its facts

LEGISLATION CITED : Family Provision Act 1982

Vivienne Joanne Collings - Plaintiff PARTIES : Nickolas Theodore Vakas - First Defendant Christopher Phillip Vakas - Second Defendant

FILE NUMBER(S) : SC 3624/04

COUNSEL : J Turnbull - Plaintiff M Lawson - Defendants

SOLICITORS : Hosie & Partners - Plaintiff Cass Lawyers - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST

CAMPBELL J

11 May 2006

3624/04 VIVIENNE JOANNE COLLINGS v NICKOLAS THEODORE VAKAS & ANOR

JUDGMENT

1 HIS HONOUR: This is a daughter's application under the Family Provision Act 1982.

2 The testator, Theodore Peter Vakas, died on 5 June 2003, aged 91.

3 During his lifetime he worked as a restaurateur, retiring in about 1982.

4 The deceased was married twice. With his first wife he had a daughter who, it seems, predeceased the testator.

5 With his second wife he had three children – Nickolas (born on 24 January 1962, and so now aged 44), Vivienne (born on 1 January 1964, so now aged 42), and Christopher (born 9 June 1965, so now aged 40). Vivienne is the plaintiff in this case.

6 The testator separated from his second wife in December 1974 – ie, when the plaintiff was aged 10, nearly 11. His second wife subsequently remarried, but her husband predeceased the testator. She visited the testator from time to time from mid-2002, and assisted the plaintiff in providing help to him.