Ulcej v Hannink [2008] NSWSC 479

New South Wales Supreme Court

CITATION : Ulcej v Hannink [2008] NSWSC 479

HEARING DATE(S) : 22, 23 and 26 November 2007 (judgment reserved on 5 February 2008)

JUDGMENT DATE : 19 May 2008

JUDGMENT OF : McLaughlin AsJ

1. I order that the time for the institution of these proceedings be extended up to and including 27 June 2006. DECISION : 2. I order that, in addition to the benefits given to him by the will of the late Hendricka Jantine Hannink ("the Deceased"), the Plaintiff receive a legacy in the sum of $120,000, such legacy not to bear interest if paid on or before 19 June 2008 and if not so paid, to bear interest at the rates prescribed for unpaid legacies by the Probate and Administration Act 1898. 3. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. 4. 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 his proper maintenance - application not made within prescribed period - whether sufficient cause is shown for application not having been made within prescribed period - conduct of Defendant - competing claims of beneficiaries - nature of provision to be made for Plaintiff.

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

CATEGORY : Principal judgment

Massie v Laundy (Supreme Court of New South Wales, Young J, 7 February 1986, unreported) CASES CITED : Caldwell v Ang (Supreme Court of New South Wales, Young J, 11 April 1991, unreported) Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19