Fricano v Lagana [2009] NSWSC 840

New South Wales Supreme Court

CITATION : Fricano v Lagana [2009] NSWSC 840

HEARING DATE(S) : 17/08/09

JUDGMENT DATE : 18 August 2009

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

EX TEMPORE JUDGMENT DATE : 18 August 2009

CATCHWORDS : Family Provision. Application for provision under Family Provision Act by a son who had not seen his father for 20 years. Rejection of son by his father not justified. Order for provision.

PARTIES : Michael Fricano v Giuseppe Lagana

FILE NUMBER(S) : SC 1765/2008

COUNSEL : Mr P Bolster for plaintiff Mr R Tregenza for defendant

SOLICITORS : Marando's for plaintiff Malouf Solicitors for defendant

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

WEDNESDAY 19 AUGUST 2009

1765/2008 - MICHAEL FRICANO v GUISEPPE LAGANA

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Francesco Fricano who died on 30 May 2007. He was survived by his former wife and his only child, a son, who are the plaintiffs in the proceedings. In the evidence there was some suggestion that the deceased may have had a second wife or partner of Filipino descent. Searches establish no marriage in New South Wales and efforts to find her have failed. I am satisfied that it is impractical to give her notice of the proceedings. The former wife has discontinued her part of the proceedings. THE LAST WILL OF THE DECEASED 2 The last will of the deceased was made on 25 October 2006 in which he appointed a life-time friend, the defendant, as his executor. He gave the defendant, his wife, his two sons and his daughter the residue of his estate in equal shares. The only provision for the son was in Clause 4 in these terms: "4. TO PAY to my son MICHELE FRICANO the sum of One Hundred Dollars ($100.00) only because I have not seen or spoken to my son since about 1987 and he has not sought to talk to me or see me since that date and he has not sought my company."