Haskakis v Hatzopoulos [2015] NSWSC 1408

Supreme Court New South Wales

Medium Neutral Citation: Haskakis v Hatzopoulos [2015] NSWSC 1408 Hearing dates: 9, 10, 11 and 12 February 2015 Decision date: 29 September 2015 Jurisdiction: Equity Before: White J Decision: Refer to para [104] of judgment Catchwords: WILLS, PROBATE AND ADMINISTRATION – family provision – claim by adult daughter for greater provision out of her mother's estate – whether plaintiff engaged in disentitling conduct – where plaintiff's relationship with her mother had been strained – dispute as to plaintiff's authorship of offensive letters sent to her mother resolved against plaintiff – relevance of plaintiff's failure to disclose minor financial assistance provided by her estranged husband – consideration of plaintiff's future needs – consideration of what a 'wise and just testator' would have provided – held that an order for further provision should be made, but not in the amount sought by the plaintiff Legislation Cited: Family Law Act 1975 (NSW) Family Provision Act 1982 (NSW) Probate and Administration Act 1898 (NSW) Succession Act 2006 (NSW) Cases Cited: Foley v Ellis [2008] NSWCA 288 Hughes v National Trustees, Executors and Agency Co of Australasia Limited (1979) 143 CLR 134 Kay v Archbold [2008] NSWSC 254 Kleinig v Neal (No 2) [1981] 2 NSWLR 532 Click here to enter text.Mann v Starkey [2008] NSWSC 263 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Singer v Berghouse (1994) 181 CLR 201 Slack v Rogan; Palffy v Rogan [2013] NSWSC 522; (2013) 85 NSWLR 253 Stott v Cook (1960) 33 ALJR 447 Wentworth v Wentworth (1995) 37 NSWLR 703 Wentworth v Wentworth (Bryson J, Supreme Court of New South Wales, unreported, 14 June 1991, BC9101896) Wentworth v Wentworth (Court of Appeal, unreported, 3 March 1992, BC9202033) Wheatley v Wheatley [2006] NSWCA 262 Category: Principal judgment Parties: Helen Haskakis (Plaintiff) Christina Hatzopoulos (Defendant) Representation: Counsel: M Thompson (Plaintiff) D V Robinson (Defendant)