NSW Caselaw
New South Wales Supreme Court
CITATION : Hayes -v- O'Shannessy [2008] NSWSC 507
HEARING DATE(S) : 3 and 4 March 2008
JUDGMENT DATE : 27 May 2008
JUDGMENT OF : McLaughlin AsJ
1. I order that the summons be dismissed. DECISION : 2. I stand the matter over to a date to be fixed by arrangement with my Associate for argument as to costs. 3. The exhibits may be returned.
CATCHWORDS : SUCCESSSION - family provision - claim by de facto partner - relationship of short duration - financial and material circumstances of Plaintiff - significant benefits received by the Plaintiff during lifetime of the Deceased and under his will - whether Plaintiff has been left without adequate provision for her proper maintenance - no principle of general primacy of a claim of a widow - competing claims of beneficiaries.
LEGISLATION CITED : Family Provision Act 1982 Property (Relationships) Act 1984
CATEGORY : Principal judgment
Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 CASES CITED : Marshall v Carruthers [2002] NSWCA 47 Bladwell v Davis [2004] NSWCA Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19
Maggie Frances Hayes (Plaintiff) PARTIES : Craig Phillip O'Shannessy (First Defendant) Claire Susan O'Shannessy (Second Defendant)
FILE NUMBER(S) : SC 2843 of 2007
COUNSEL : Mr J. Wilson SC (Plaintiff) Mr J. Armfield (Defendants)
SOLICITORS : Paul Wells & Co. (Plaintiff) Maunder & Jeffrey (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
ASSOCIATE JUSTICE McLAUGHLIN
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