DEVONSHIRE v HYDE [2002] NSWSC 30

DEVONSHIRE v HYDE [2002] NSWSC 30

The plaintiff was found to be the de facto partner of the deceased from April 1997 until the date of death, making him an eligible applicant. While the plaintiff received benefits after the deceased's death (occupation of unit, income from flatmates), considering the short relationship and estate circumstances, the court determined provision for further education was warranted and awarded a legacy of $10,000.

Parties
Plaintiff: Timothy Ernest Devonshire; Defendant: Lorraine Beatrice Hyde
Jurisdiction
Australia
Judgment Date
13 February 2002
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Plaintiff awarded a legacy; costs orders made
Legal Topics
Family Provision Act 1982, De Facto Relationship, Domestic Relationship, Provision for Further Education, Quantification of Benefits, Same Sex De Facto Partner
Succession Law Family Provision Family Provision Act 1982 De Facto Relationship Domestic Relationship Provision for Further Education Quantification of Benefits Same Sex De Facto Partner

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Parties

Timothy Ernest Devonshire

Plaintiff

Lorraine Beatrice Hyde

Defendant

Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff was a de facto partner of the deceased for Family Provision Act 1982 purposes
  2. 2 Whether the plaintiff is an 'eligible person' under section 6(1)(d) Family Provision Act 1982
  3. 3 Whether there are factors warranting the making of the application under s9(1)

Ratio Decidendi

The plaintiff was found to be the de facto partner of the deceased from April 1997 until the date of death, making him an eligible applicant. While the plaintiff received benefits after the deceased's death (occupation of unit, income from flatmates), considering the short relationship and estate circumstances, the court determined provision for further education was warranted and awarded a legacy of $10,000.

Court Disposition

Plaintiff awarded a legacy; costs orders made

Orders

  • The plaintiff receive a legacy out of the estate of the deceased in the sum of $10,000.
  • The plaintiff's costs on a party and party basis and the defendant's on an indemnity basis be paid or retained out of the estate of the deceased.