Xian Horvat v Bruce Percy Hocking [2007] NSWSC 212

New South Wales Supreme Court

CITATION : Xian Horvat v Bruce Percy Hocking [2007] NSWSC 212

HEARING DATE(S) : 26 February 2007

JUDGMENT DATE : 13 March 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that, in lieu of the benefits given to her by the will of late John Mirku Horvat ("the Deceased"), the Plaintiff receive the house property situate at and known as 880 Elizabeth Street, Zetland absolutely, and a legacy in the sum of $200,000, such legacy not to bear interest if paid on or before 13 May, 2007, and, if not so paid, to bear interest at the rates prescribed for unpaid legacies pursuant the Wills, Probate and Administration Act 1898 ; 2. 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; 3. The exhibits may be returned; 4. Reserve liberty to apply in respect to the date referred to in order 1 hereof.

CATCHWORDS : Succession. Family Provision. Claim by widow. By will Plaintiff receives only a right of residence in matrimonial home. Unhappy marriage. Financial and material cicumstances of Plaintiff. Whether Plaintiff has been left without adequate provision for her proper maintenance. Chief beneficiaries are the sons of the Deceased, with whom he had no contact for more than fifty years. Competing claim of beneficiaries.

LEGISLATION CITED : Family Provision Act 1982

CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191

PARTIES : Xian Horvat (Plaintiff) Bruce Percy Hocking (Defendant)

FILE NUMBER(S) : SC 3420 of 2005

COUNSEL : Mr A. Hallas (Plaintiff) Ms E. Cohen (Defendant)