Josivovich v Stoikofski [2008] NSWSC 474

New South Wales Supreme Court

CITATION : Josivovich v Stoikofski [2008] NSWSC 474

HEARING DATE(S) : 14 May 2008

JUDGMENT DATE : 14 May 2008

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

EX TEMPORE JUDGMENT DATE : 14 May 2008

DECISION : Further provision for Plaintiff out of estate.

CATCHWORDS : FAMILY PROVISION – Whether plaintiff lived in domestic relationship with deceased – whether adequate provision made for plaintiff.

LEGISLATION CITED : Family Provision Act 1982 (NSW) – s 6, s 7 Property (Relationships) Act 1984 (NSW) – s 5

CATEGORY : Principal judgment

PARTIES : Margarita Josivovich (Plaintiff) George Stoikofski (Defendant)

FILE NUMBER(S) : SC 5116/06

COUNSEL : Ms D.M. Coulton (Plaintiff) S.Galitsky (Defendant)

SOLICITORS : Vizzone Ruggero & Assoc (Plaintiff) D. Stanefska & Assoc (Defendant)

5116/06 Josivovich v Stoikofski

JUDGMENT – Ex tempore 14 May, 2008

Introduction

1 The Plaintiff, Margarita Josivovich, is the daughter-in-law of the late Stoiko Josivovich who died on 29 September 2005 leaving a will dated 20 May 2005. The Deceased's estate comprised a house at Mascot valued at $650,000 and cash in a bank account of just over $13,000. The Deceased's Will left his estate to his son George, his daughter Bisa, and the Plaintiff equally. On 4 May 2006 probate of the Will was granted to George as executor. 2 For the sake of convenient reference, and without intending any disrespect, I will hereafter refer to members of the family by their first names. 3 On 26 September 2006 Margarita commenced these proceedings. She sought a declaration that Stoiko had held the Mascot house in trust for her. Alternatively, she sought an order for further provision out of Stoiko's estate under s 7 of the Family Provision Act 1982 (NSW). The only claim which she has pressed at the trial is that under the Family Provision Act. 4 The issues are: