Vaughan v Hoskovich [2010] NSWSC 706

Vaughan v Hoskovich [2010] NSWSC 706

Taking all the circumstances into account, the plaintiff and the deceased lived together as a couple and were in a de facto relationship. Although they maintained separate residences, were financially independent, and lived together only for part of each week, the relationship lasted almost 14 years until the deceased's death, included a continuing sexual and loving relationship, regular shared residence at the plaintiff's Turramurra home, daily communication, shared holidays and expenses, shared household duties when together, substantial work by the deceased on the plaintiff's home, attempts to have a child, the deceased's role as stepfather to the plaintiff's son, and a public...

Jurisdiction
Australia
Judgment Date
30 June 2010
Procedural Posture
Succession and Probate Proceedings Concerning Intestacy and Letters of Administration / Principal Judgment
Outcome
Judgment for the plaintiff; declaration made that the plaintiff was the deceased's spouse; letters of administration ordered to be granted to the plaintiff; defendant's cross-claim and the summons in proceedings 2009/305726 dismissed; costs of both parties ordered to be paid out of the estate on specified bases.
Legal Topics
['intestacy' 'de Facto Spouse' 'living Together as a Couple' 'letters of Administration' 'costs From Estate']
['succession' 'probate and Administration' 'equity' 'property Relationships'] ['intestacy' 'de Facto Spouse' 'living Together as a Couple' 'letters of Administration' 'costs From Estate']

Case Brief

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Procedural Posture

Succession and Probate Proceedings Concerning Intestacy and Letters of Administration / Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff was the deceased's de facto spouse and therefore a spouse within the meaning of s 61B(2) of the Probate and Administration Act 1898 (NSW)." 'Whether the plaintiff and the deceased were living together as a couple within the meaning of s 4 of the Property (Relationships) Act 1984 (NSW), despite maintaining separate residences and living together only for part of each week.' "Whether the plaintiff or the defendant was entitled to the grant of letters of administration of the deceased's intestate estate." "Whether the parties' costs should be paid out of the estate."]

Ratio Decidendi

Taking all the circumstances into account, the plaintiff and the deceased lived together as a couple and were in a de facto relationship. Although they maintained separate residences, were financially independent, and lived together only for part of each week, the relationship lasted almost 14 years until the deceased's death, included a continuing sexual and loving relationship, regular shared residence at the plaintiff's Turramurra home, daily communication, shared holidays and expenses, shared household duties when together, substantial work by the deceased on the plaintiff's home, attempts to have a child, the deceased's role as stepfather to the plaintiff's son, and a public...

Court Disposition

Judgment for the plaintiff; declaration made that the plaintiff was the deceased's spouse; letters of administration ordered to be granted to the plaintiff; defendant's cross-claim and the summons in proceedings 2009/305726 dismissed; costs of both parties ordered to be paid out of the estate on specified bases.

Orders

  • ['Declare that the plaintiff is the spouse of Steven Hoskovich who died on 17 November 2007 ("the deceased") within the meaning of s 61B(2) of the Probate and Administration Act 1989 (NSW).' "Order that letters of administration of the deceased's estate be granted to the plaintiff." 'Remit proceedings to the...