NEWNHAM v TARBERT [1990] NSWCA 138
The deceased owed a moral duty to provide for the applicant, his de facto wife, having regard to their relationship and her circumstances. The Master's decision to grant her a legacy of $150,000 for accommodation was appropriate and disclosed no appealable error.
- Parties
- Appellant: Newnham; Respondent: Tarbert; Solicitors for Appellant: Fred A and John F Newnham; Solicitors for Respondent: Gilson Patch and Richardson
- Jurisdiction
- Australia
- Judgment Date
- 21 September 1990
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Family Provision, De Facto Spouse Entitlements, Testator's Family Maintenance, Discretion in Family Provision Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Newnham
Appellant
Tarbert
Respondent
Fred A and John F Newnham
Solicitors for Appellant
Gilson Patch and Richardson
Solicitors for Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the de facto wife was eligible for provision under the Family Provision Act 1982
- 2 Whether the applicant's conduct disentitled her from relief
- 3 Whether the quantum and form of provision ordered was appropriate
Ratio Decidendi
The deceased owed a moral duty to provide for the applicant, his de facto wife, having regard to their relationship and her circumstances. The Master's decision to grant her a legacy of $150,000 for accommodation was appropriate and disclosed no appealable error.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
- Respondent's costs to be paid on the common fund basis out of the estate.
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