Aliza Alice Sassoon v Adrian Rose [2012] NSWSC 1554

Supreme Court New South Wales

Medium Neutral Citation: Aliza Alice Sassoon v Adrian Rose [2012] NSWSC 1554 Hearing dates: 5 December 2012 Decision date: 14 December 2012 Jurisdiction: Equity Division Before: Macready AsJ Decision: (1)Proceedings dismissed. (2)The plaintiff to pay the costs of the defendant in the proceedings. Catchwords: SUCCESSION - family provision and maintenance - former wife of deceased seeking provision - property settlement granted after divorce - applicant a beneficiary of mother's estate - no factors warranting making of application established Legislation Cited: Family Provision Act 1982 Succession Act 2006 Cases Cited: Basto v Basto (NSWSC, Hodgson J, 8 September 1989, unreported) Brown v Faggoter [1998] NSWCA 44 Churton v Christian (1988) 13 NSWLR 241 De Winter v Johnstone (NSWCA, 23 August 1995, unreported) Fancett v Ware (NSWSC, Needham J, 3 June 1986, unreported) Fulop Deceased, Re (1987) 8 NSWLR 679 Guskett (deceased), Re (1947) VLR 211 Massie v Laundy (NSWSC, Young J, 7 February 1986, unreported) Category: Principal judgment Parties: Aliza Alice Sassoon (plaintiff) Adrian Rose (defendant) Representation: Mr T Bors (defendant) John Denes (defendant) File Number(s): 2011/82496

Judgment 1This is an application under the Succession Act 2006 in respect of the estate of the late Isaac Joseph Beder who died on 24 August 2009 aged 77 years. 2The plaintiff is the deceased's former wife, they having married in 1965 and divorced on 5 March 1981. The deceased and the plaintiff had 5 children together born between 1966 and 1976. They were Roxanna, Michael, Joel, Regina and Sarah. 3Michael Beder commenced his own proceedings in this Court for further provision out of the estate. That claim has been compromised and orders have not yet been made. Notice has been given to the other children of the deceased and none of them have made their own claim. Accordingly, this is a claim only by the plaintiff, the deceased's former wife.