Vaughan v Hoskovich [2010] NSWSC 706

New South Wales Supreme Court

CITATION : Vaughan v Hoskovich [2010] NSWSC 706 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 10 and 11 December 2009

JUDGMENT DATE : 30 June 2010

JURISDICTION : Equity

JUDGMENT OF : White J

1. Declare that the plaintiff is the spouse of Steven Hoskovich who died on 17 November 2007 ("the deceased") within the meaning of s 61B(2) of the Probate and Administration Act 1989 (NSW). 2. Order that letters of administration of the deceased's estate be granted to the plaintiff. 3. Remit proceedings to the Registrar to complete the grant. DECISION : 4. Order that the defendant's cross-claim be dismissed. 5. Order that the summons in proceedings 2009/305726 be dismissed. 6. Order that the costs of the plaintiff on the indemnity basis and the costs of the defendant on the ordinary basis be paid out of the estate. 7. The exhibits may be returned immediately. The parties' solicitors are to retain the exhibits for 28 days, and, if any appeal is filed, until the determination of the appeal.

CATCHWORDS : SUCCESSION – where deceased died intestate – where plaintiff and deceased chose to live together for small part of each week – whether plaintiff was de facto spouse within meaning of Property (Relationships) Act 1984, s 4 and entitled to estate and grant of letters of administration – whether plaintiff and deceased were living together as a couple – consideration of all of the circumstances of relationship – importance of common residence to existence of de facto relationship

Probate and Administration Act 1898 (NSW) LEGISLATION CITED : Property (Relationships) Act 1984 (NSW) Acts Interpretation Act 1954 (Qld)