Campbell v The Public Trustee [2000] NSWSC 936

Campbell v The Public Trustee [2000] NSWSC 936

The Plaintiff was not established to have been the de facto spouse of the Deceased at the time of his death, but was an eligible person due to prior cohabitation and dependency; the relationship and her contributions warranted an order for provision, balancing her needs with those of the children entitled on intestacy.

Jurisdiction
Australia
Judgment Date
06 October 2000
Procedural Posture
Family Provision Application (supreme Court of Nsw, Equity Division) / Final Judgment
Outcome
Order for provision in favour of the Plaintiff
Legal Topics
['intestacy' 'family Provision' 'de Facto Relationships']
['family Law' 'succession Law'] ['intestacy' 'family Provision' 'de Facto Relationships']

Case Brief

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Procedural Posture

Family Provision Application (supreme Court of Nsw, Equity Division) / Final Judgment

Legal Issues

  1. 1 ['Whether the Plaintiff was the de facto spouse of the Deceased at the time of his death' 'Whether the Plaintiff is an eligible person to apply for family provision' 'Whether there are factors warranting the making of an order in favour of the Plaintiff' 'How the competing claims of the eight children of the Deceased should be considered']

Ratio Decidendi

The Plaintiff was not established to have been the de facto spouse of the Deceased at the time of his death, but was an eligible person due to prior cohabitation and dependency; the relationship and her contributions warranted an order for provision, balancing her needs with those of the children entitled on intestacy.

Court Disposition

Order for provision in favour of the Plaintiff

Orders

  • ['Plaintiff to receive a legacy of $20,000 out of the estate of the late Kevin Morgan, not to bear interest if paid on or before 3 November 2000, and to bear Supreme Court interest thereafter if unpaid.' 'Legacy to be borne by the part of the interstate estate to which the children, other than Kevina Lee Porter, are...