Popescu v Borun [2011] NSWSC 1532

Supreme Court New South Wales

Medium Neutral Citation: Popescu v Borun [2011] NSWSC 1532 Hearing dates: 29/8/11, 30/8/11, 31/8/11 Decision date: 16 December 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)The claim by the plaintiff Olivera Popescu under the Property (Relationships) Act 1984 is dismissed; (2)The plaintiff Olivera Popescu shall receive, pursuant to her claim under the Succession Act 2006: (a)a bequest of the property at Everton Road, Strathfield; and (b)a legacy of $100,000 (3)The plaintiff James Vedder shall receive, pursuant to his claim under the Succession Act 2006, a legacy of $75,000 (4)The plaintiffs' costs on the ordinary basis and the defendant's costs on an indemnity basis as to the claims under the Succession Act are to be paid out of the estate of the deceased. (5)Interest is to run on the legacies at the rate provided in the Probate and Administration Act 1898 from three months after the date of these orders. Subject to hearing argument, each party is to bear their own costs in the proceedings relating to the claim under the Property (Relationships) Act. Catchwords: FAMILY LAW - application for adjustment of parties' property interests pursuant to s 20 of the Property (Relationships) Act 1984 - whether de facto relationship - defendant died before determination - action survived him - whether living together as couple

SUCCESSION LAW - two applications for family provision order - both plaintiffs claim to have been members of household of deceased and dependent on him - whether provision inadequate - no provision in will of deceased for either - large estate Legislation Cited: De Facto Relationships Act 1984 Family Provision Act 1982 Probate and Administration Act 1898 Property (Relationships) Act 1984 Property (Relationships) Legislation Amendment Act 1999 Succession Act 2006 Supreme Court Rules 1970 Cases Cited: Brown v Faggoter (NSWCA, 13 November 1998, unreported) Churton v Christian (1988) 13 NSWLR 241 Foley v Ellis [2008] NSWCA 288 Re Fulop Deceased (1987) 8 NSWLR 679 Fung v Ye [2007] NSWCA 115 Hayes v Marquis [2008] NSWCA 10 Jonah v White [2011] FamCa 221 Kingsland v McIndoe [1989] VR 273 Markulin v Drew (1993) DFC 95-140 Munro v Lake (NSWSC, McLelland J, 8 February 1991, unreported) Light v Anderson (1992) DFC 95-120 Selmore v Bull [2005] NSWCA 365 Sherborne Estate: Vanvalen v Neaves [2005] NSWSC 593 Simonis v Perpetual Trustee Co Ltd (1987) 21 NSWLR 677 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vaughan v Hoskovich [2010] NSWSC 706 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191 White v White [2004] NSWSC 208 Category: Principal judgment Parties: Olivera Popescu (plaintiff) James Vedder (plaintiff) Nicholas Borun - deceased (defendant) Basil Caesar Peter Borun (defendant) Representation: R Sweet (plaintiffs) J M Harris (defendant Basil Caesar Peter Borun) Stojanovic Solicitors (plaintiffs) James Antonenas (defendant Basil Caesar Peter Borun) File Number(s): 2009/00290178 2010/00237665