Lancaster v Bray [2008] NSWSC 155

New South Wales Supreme Court

CITATION : Lancaster v Bray [2008] NSWSC 155

HEARING DATE(S) : 15 and 16 October 2007 (written submissions to 25 October 2007)

JUDGMENT DATE : 29 February 2008

JUDGMENT OF : McLaughlin AsJ

1. I order that the Plaintiff receive one third of the net estate of the late Stuart Kirkland Clough ("the Deceased"), such benefit to be borne by that part of the estate of the Deceased which by the will of the Deceased dated 8 September 1981 would otherwise pass to Eve Louise Clough. DECISION : 2. I stand the proceedings over to a date to be fixed by arrangement with my Associate for submissions as to costs. 3. The exhibits may be returned.

CATCHWORDS : Succession - family provision - claim by asserted de facto partner of Deceased - status of Plaintiff as de facto partner is disputed by Defendant - financial and material circumstances of Plaintiff - whether plaintiff has been left without adequate provision for her proper maintenance - competing claim of children of Deceased, who are the beneficiaries under his will - assets and liabilities of estate - whether estate is insolvent - whether an alleged debt to former wife of Deceased has been paid - obligation of administrator to get in assets of estate - failure of parties to comply with Practice Note SC Eq 1, paragraph 55

LEGISLATION CITED : Family Provision Act 1982 Property (Relationships) Act 1984

CATEGORY : Principal judgment

CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19

PARTIES : Oonagh Maria Lancaster (Plaintiff) Michael John Bray (Defendant)

FILE NUMBER(S) : SC 3924 of 2007