Suzanne Hart v Joan Noelene Van Son [2014] NSWSC 585

Supreme Court New South Wales

Medium Neutral Citation: Suzanne Hart v Joan Noelene Van Son [2014] NSWSC 585 Hearing dates: 16 December 2013 Decision date: 14 May 2014 Jurisdiction: Equity Division Before: Kunc J Decision: Summons dismissed Catchwords: FAMILY PROVISION AND MAINTENANCE - Applicant former long time de facto of deceased who left him and now in new relationship - No factors warranting application and no inadequate provision - Succession Act 2006, s 59(1)(b) and (c) Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Brown v Faggoter [1998] NSWCA 44 Camernik v Reholc [2012] NSWSC 1537 Churtin v Christian [1988] NSWCA 23; (1988) 13 NSWLR 241 Hamilton v Moir [2013] NSWSC 1200 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Fulop Deceased (1987) 8 NSWLR 679 Verzar v Verzar [2014] NSWCA 45 West v Mann [2013] NSWSC 1852 Category: Principal judgment Parties: Suzanne Hart (Plaintiff) Joan Noelene Van Son (Defendant) Representation: Counsel: J. Anderson (Plaintiff) L. Ellison SC (Defendant) Solicitors: Farrell Lusher (Plaintiff) Lewis & McKinnon (Defendant) File Number(s): 2012/69640 Publication restriction: No

Judgment

Summary 1In 1991 the plaintiff ("Ms Hart") met the late Herman Peter Damien Van Son. He was known as "Harry" and, without disrespect, I shall refer to him by that name in this judgment. At the time he met Ms Hart, Harry was 42 years old and Ms Hart was 18. Between 1992 and 2010 Ms Hart lived with Harry. Since then she has formed a new relationship and had a child. 2Harry died intestate on 28 December 2011. On 12 June 2012 letters of administration of his intestate estate were granted to his mother, the defendant ("Mrs Van Son"). At the date of the hearing Mrs Van Son was about to turn 91 years old. 3The estate is small. It consists of Harry's farming property (with residence) at Wagga Wagga (the "property"), for which there are appraisals in evidence valuing it between $280,000 and $360,000. At the time of Harry's death he had furniture and personal effects said to have a value of $2,000 and money in the bank of $2,500. 4Because Harry died without either a spouse or any issue, Mrs Van Son is entitled to the whole of her son's intestate estate (s 128 of the Succession Act 2006 (NSW) (the "Act")). By summons filed on 20 November 2012, Ms Hart applies for provision out of Harry's intestate estate under s 59 of the Act. 5The Court is not satisfied that there are factors warranting Ms Hart's application or that adequate provision has not been made by the operation of the intestacy rules in relation to Harry's estate. Ms Hart's summons will be dismissed.