Holden Francis Frisoli & Anor v Natasha Anastasia Kourea & Ors; Holden Francis Frisoli & Anor v Natasha Anastasia Kourea & Ors; [2013] NSWSC 1166

Supreme Court New South Wales

Medium Neutral Citation: Holden Francis Frisoli & Anor v Natasha Anastasia Kourea & Ors; Holden Francis Frisoli & Anor v Natasha Anastasia Kourea & Ors; [2013] NSWSC 1166 Hearing dates: 27, 28, 29, 30 & 31 August 2012, reserved on 10 September 2012 Decision date: 23 August 2013 Before: Slattery J Decision: Order for provision made in favour of the plaintiffs, such that they should each receive 25 per cent of the deceased's estate. Order for provision made in favour of the cross-claimant, such that she should receive 50 per cent of the deceased's estate. Catchwords: SUCCESSION - Deceased dies intestate - whether cross-claimant is an "eligible person" under Succession Act, s 57 able to make a claim for family provision against his estate - cross-claimant claims to be in a domestic relationship with the deceased for at least seven years before his death - if so, whether adequate provision made for the proper maintenance, education and advancement in life of the cross-claimant - whether an order for provision should be made under Succession Act, s 59 - whether adequate provision made for the proper maintenance, education and advancement in life of the deceased's two children, the plaintiffs - whether an order for provision should be made in favour of the plaintiffs under Succession Act, s 59 - HELD: domestic relationship exists between the cross-claimant and the deceased at the time of his death and for approximately seven years before - cross-claimant an eligible person - adequate provision for the cross-claimant's maintenance, education and advancement in life not made - order for provision out of the deceased's estate made - adequate provision for the plaintiffs maintenance, education and advancement in life not made - order for provision made from the deceased's estate. Legislation Cited: Interpretation Act 1987, s 21C Succession Act 2006, s 57, 59, 60 Property (Relationships) Act, s 5(1) Probate and Administration Act 1898 (NSW), s 61B(3B) Cases Cited: Andrew v Andrew [2012] NSWCA 308, (2012) 81 NSWLR 656 Churton v Christian [1988] NSWCA 23; (1988) 13 NSWLR 241 Dridi v Fillmore [2001] NSWSC 319 Evans v Levy [2011] NSWCA 125 Jones v Dunkel (1959) 101 CLR 298 Re Fulop (deceased) (1987) 8 NSWLR 679 Singer v Berghouse (No 2) (1994) 181 CLR 201 Vaughan v Hoskovich [2010] NSWSC 1459 Vigolo v Bostin (2005) 213 ALR 692; (2005) 221 CLR 191 Category: Principal judgment Parties: In proceedings 2010/93241:- First plaintiff:- Holden Francis Frisoli Second plaintiff:- Atlanta Lucia Carnell Frisoli First defendant:- Natasha Anastasia Kourea Second defendant:- Tashnat Pty Limited