Amprimo v Wynn [2015] NSWCA 286

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Amprimo v Wynn [2015] NSWCA 286 Hearing dates: 25, 26 May 2015 Decision date: 22 September 2015 Before: McColl JA at [1]; Meagher JA at [2]; Gleeson JA at [101] Decision: 1. Appeal dismissed. 2. Appellant pay respondent's costs of the appeal. 3. Notice of motion of Mr Britton filed in Court and dated 26 May 2015 dismissed with no order as to costs. Catchwords: SUCCESSION – application for family provision order under Succession Act 2006 (NSW), Pt 3.2 – whether appellant "eligible" person – where appellant's relationship with deceased involved first the provision of sexual services and companionship for payment, and later, after some time without contact, the provision of domestic care – where in period leading up to deceased's death appellant staying overnight at deceased's house for short periods while maintaining own residence – whether appellant and deceased living in a de facto relationship or close personal relationship at the time of his death (s 57(1)(b) or (f)) – whether at some time appellant a member of same household as deceased and at any time wholly or partly dependent on him (s 57(1)(e)) Legislation Cited: Interpretation Act 1987 (NSW), s 21C Succession Act 2006 (NSW), ss 57, 59 Cases Cited: McKenzie v Baddeley [1991] NSWCA 197 Munro v Lare (Supreme Court (NSW), McLelland J, 8 February 1991, unrep) Porthouse v Bridge [2007] NSWSC 686 Category: Principal judgment Parties: Janet Emily Amprimo (Appellant) David Eckford Wynn as Executor of the Estate of the Late Joseph Michael Ryan (Respondent) Representation: Counsel: J Drummond (Appellant) L Ellison SC with M Pringle (Respondent)