Popescu v Borun [2011] NSWSC 1532

Popescu v Borun [2011] NSWSC 1532

Olivera Popescu was not in a de facto or close personal relationship with the deceased as defined by the Property (Relationships) Act 1984, and her claim under that Act was dismissed. Both Olivera Popescu and James Vedder were eligible persons under the Succession Act 2006 as members of the deceased’s household and were dependent on him. The deceased’s will made inadequate provision for their proper maintenance, education and advancement in life, warranting family provision orders granting Olivera the Strathfield property and $100,000, and James $75,000.

Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Principal Judgment / Final Determination
Outcome
Partial success for plaintiffs; Property (Relationships) Act claim dismissed, Succession Act 2006 claims upheld.
Legal Topics
['family Provision Orders' 'property Adjustment' 'de Facto Relationships' 'close Personal Relationships']
['family Law' 'succession Law' 'equity'] ['family Provision Orders' 'property Adjustment' 'de Facto Relationships' 'close Personal Relationships']

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Procedural Posture

Principal Judgment / Final Determination

Legal Issues

  1. 1 ['Whether a de facto relationship existed between Olivera Popescu and Nicholas Borun' 'Whether there was a close personal relationship for purposes of Property (Relationships) Act 1984' 'Eligibility for family provision order under the Succession Act 2006' "Adequacy of provision for Olivera Popescu and James Vedder in the deceased's will"]

Ratio Decidendi

Olivera Popescu was not in a de facto or close personal relationship with the deceased as defined by the Property (Relationships) Act 1984, and her claim under that Act was dismissed. Both Olivera Popescu and James Vedder were eligible persons under the Succession Act 2006 as members of the deceased’s household and were dependent on him. The deceased’s will made inadequate provision for their proper maintenance, education and advancement in life, warranting family provision orders granting Olivera the Strathfield property and $100,000, and James $75,000.

Court Disposition

Partial success for plaintiffs; Property (Relationships) Act claim dismissed, Succession Act 2006 claims upheld.

Orders

  • ['Claim by Olivera Popescu under Property (Relationships) Act 1984 is dismissed' 'Olivera Popescu receives property at Everton Road, Strathfield and a legacy of $100,000 under Succession Act 2006' 'James Vedder receives a legacy of $75,000 under Succession Act 2006' "Plaintiffs' costs (ordinary basis) and...