Sims v Mackowiak Mackowiak v Mackowiak [2011] NSWSC 1251

Supreme Court New South Wales

Medium Neutral Citation: Sims v Mackowiak Mackowiak v Mackowiak [2011] NSWSC 1251 Hearing dates: 10 October 2011 Decision date: 08 November 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)The plaintiff Gemma Diane Sims shall receive: (a) a bequest of the estate's interest in the Glebe property; and (b) a legacy of $24,000 (2)The plaintiff Gemma Diane Sims must indemnify the estate in respect of any liability under the mortgage over the Glebe property from the date of this order onwards and from that date she is to have the benefit of any income received by way of rental from the Glebe property. (3)The application by Anna Mackowiak is dismissed (4)The plaintiff Gemma Diane Sims' costs on the ordinary basis and the defendant's costs on an indemnity basis be paid out of the estate of the deceased. In the claim of Anna Mackowiak, and subject to any submissions to the contrary, there be no order as to costs with the intent that each party bear their own costs. Catchwords: WILLS AND ESTATES - Succession Act 2006 - applications for family provision orders - application by de facto partner of deceased granted - claim by mother of deceased that she was dependent on the deceased - application by mother out of time and dismissed Legislation Cited: Succession Act 2006 Family Provision Act 1982 Cases Cited: Ball v Newey (1988) 13 NSWLR 489 Benney v Jones (1991) 23 NSWLR 559 Dare v Furness (1998) 44 NSWLR 493 Lewis v Lewis [2001] NSWSC 321 Massie v Laundy (unreported NSWSC, Young J, 7 February 1986) McKenzie v Baddeley [1991] NSWCA 197 Petrohilos v Hunter (1991) 25 NSWLR 343 Porthouse v Bridge [2007] NSWSC 686 Singer v Berghouse (1994) 181 CLR 201 Taylor v Farrugia [2009] NSWSC 801 Vigolo v Bostin 221 CLR 191 Category: Principal judgment Parties: Gemma Diane Sims (Plaintiff) Anna Mackowiak (Plaintiff) Roman Mackowiak (Defendant) Representation: Counsel: Mr J Kearney (Plaintiff Gemma Diane Sims) Plaintiff Anna Mackowiak in person Defendant in person Solicitors: Langes Lawyers (Plaintiff Gemma Diane Sims) Plaintiff Anna Mackowiak not represented Defendant not represented File Number(s): 2010/308995 2011/190749