Christina Elizabeth Hay v Sarah Renwick [2016] NSWSC 1048

Supreme Court New South Wales

Medium Neutral Citation: Christina Elizabeth Hay v Sarah Renwick [2016] NSWSC 1048 Hearing dates: Tuesday, 26 April 2016 Date of orders: 27 April 2016 Decision date: 27 April 2016 Jurisdiction: Common Law Before: Brereton J Decision: Plaintiff, de facto spouse of deceased, to receive legacy of $1.5 million from estate Catchwords: SUCCESSION – family provision and maintenance – application by de facto spouse of short but on-going relationship – where relationship was relatively short but plainly committed to a shared future – dependency for accommodation and financial and material support – significant changes made in plaintiff's position in reliance upon relationship – testamentary intentions of the deceased in will of limited significance where there are supervening changes of circumstances Legislation Cited: (NSW) Family Provision Act 1982 Probate and Administration Act 1898, s 84A Cases Cited: Andrew v Andrew [2012] 81 NSWLR 656 Court v Hunt, 29 October 1987, unreported Elliott v Elliott, 18 May 1984, unreported Gorton v Parks (1989) 17 NSWLR 1 Luciano v Rosenblum [1985] 2 NSWLR 65 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Re Fulop Deceased (1987) 8 NSWLR 679 Singer v Berghouse (No 2) (1994) 181 CLR 201 Vigolo v Bostin [2005] CLR 191 Golosky v Golosky [1993] NSWCA 111 Stewart v McDougall NSWSC, 19 November 198, unreported Category: Principal judgment Parties: Christina Elizabeth Hay (plaintiff) Sarah Renwick (first defendant) Robert Maidment (second defendant) Representation: Counsel: C A Vindin (plaintiff) G A Sirtes SC w NCT Bilinsky (defendants)