Damevski v Hope [2016] NSWSC 1231

Supreme Court New South Wales

Medium Neutral Citation: Damevski v Hope [2016] NSWSC 1231 Hearing dates: 29 August 2016 Date of orders: 06 September 2016 Decision date: 06 September 2016 Jurisdiction: Equity Before: Pembroke J Decision: Summons dismissed Catchwords: FAMILY PROVISION – claim for additional provision by son and daughter-in-law of deceased – deceased died intestate FAMILY PROVISION – proceedings commenced out of time – whether sufficient cause for making an order extending the time for the making of the plaintiffs' application – sufficient cause not established EQUITY – equitable estoppel by encouragement alleged – whether the plaintiffs acted to their detriment in reasonable reliance EVIDENCE – caution required when relying on uncorroborated statements said to have been made by the deceased Legislation Cited: Family Provision Act 1982 Cases Cited: Sidhu v Van Dyke [2014] HCA 19 Steria Ltd v Hutchison [2007] ICR 445 Wilcox v Wilcox [2012] NSWSC 1138 Category: Principal judgment Parties: Nick Damevski – first plaintiff Rada Damevski – second plaintiff Darko Damevski – third plaintiff Nada Hope – defendant Representation: Counsel: D Liebhold M Southwick

Solicitors: D Stanefska & Associates – for the first, second and third plaintiffs Grahame Howe & Co – for the defendant File Number(s): 2015/195212