Potet v Banks [2011] NSWSC 1442

Supreme Court New South Wales

Medium Neutral Citation: Potet v Banks [2011] NSWSC 1442 Hearing dates: 22/11/2011 Decision date: 22 November 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)I dismiss the proceedings; (2)On condition that any costs order is not sought to be enforced against the plaintiff or her tutor personally, I order the plaintiff to pay the defendant's costs on the ordinary basis. Catchwords: WILLS AND ESTATES - Family Provision Act 1982 - application for provision order by deceased's child (by her tutor) - defendant the deceased's de facto at the time of death - applicant and defendant's child by the deceased both suffering health problems - small estate - application dismissed Legislation Cited: Family Provision Act 1982 Property (Relationships) Act 1984 Cases Cited: Singer v Berghouse (1994) 181 CLR 201 Category: Principal judgment Parties: Anne Jolie Elise Potet by her tutor Susan Lynn-Brandon Potet Tanya Caroline Banks Representation: Counsel: Mr D Bernie for plaintiff Mr L Ellison SC for defendant Solicitors: SCLAdvisors for plaintiff Roberts Mann Solicitors for defendant File Number(s): S009/00290907

Judgment 1HIS HONOUR: This is an application under the Family Provision Act 1982 in respect of the estate of Adam Petrie (also known as Adam Federow) who died on or about 14 or 15 April 2008 by his own hand. He was survived by the defendant, who had been his de facto partner for some 18 months, and their child Brandon, who was born two months before his father's death. 2He was also survived by another child, Anne, who was a child of the second wife of the deceased. She is the plaintiff in the proceedings. 3A former de facto spouse and her children have been served with notice and make no claim. 4The deceased's first wife, Jane Hawkins, and their children cannot be found. I am satisfied that it is impractical to serve them.