Karpin v Gough

Case [2022] NSWSC 471


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Karpin v Gough [2022] NSWSC 471
Hearing dates: 30 August – 2 September 2021
Date of orders: 21 April 2022
Decision date: 21 April 2022
Jurisdiction:Equity
Before: Ward CJ in Eq
Decision:

1.   Dismiss the plaintiff’s claim.

2.   Order that the costs of the plaintiff’s claim be borne on a party/party basis out of the estate of the late Earle Cameron.

3.   Order that the defendant’s costs be borne on an indemnity basis out of the estate of the late Earle Cameron.

Catchwords:

SUCCESSION — Family provision — Claim by alleged de facto partner and alleged member of household of the deceased for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3 — Whether eligible person — Whether adequate provision made prior to death of the deceased

Legislation Cited:

Evidence Act 1995 (NSW), s 138

Interpretation Act 1987 (NSW), s 21C

Property (Relationships) Act 1984 (NSW)

Succession Act 2006 (NSW), ss 57, 59, 60

Cases Cited:

Afoa v McBride [2017] NSWCA 323

Bosch v Perpetual Trustee Company [1938] AC 46

Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320

Devereaux-Warnes v Hall (No 3) (2007) 35 WAR 127; [2007] WASCA 235

Driver v Neal (2009) 2 ASTLR 89; [2009] NSWCA 54

Evans v Levy [2011] NSWCA 125

Hunter v Hunter (1987) 8 NSWLR 573

Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8

Kadir v The Queen (2020) 267 CLR 109; [2020] HCA 1

McKenzie v Topp [2004] VSC 90

Re Fulop (Deceased) (1987) 8 NSWLR 679

Ridgeway v The Queen (1995) 184 CLR 1; [1995] HCA 66

Robinson v Woolworths Ltd (2005) 64 NSWLR 612; [2005] NSWCCA 426

Russell v NSW Trustee and Guardian [2013] NSWSC 370

Sgro v Thompson [2017] NSWCA 326

Spata v Tumino (2018) 95 NSWLR 706; [2018] NSWCA 17

Stone v Stone [2016] NSWSC 605

Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11

Whitmont v Lloyd (Supreme Court (NSW), Bryson J, 31 July 1995, unrep)

Category:Principal judgment
Parties: Rosalind Karpin (Plaintiff)
Christopher Gough (Defendant)
Representation:

Counsel:
E Cohen (Plaintiff)
L Ellison SC with E Beljic (Defendant)

Solicitors:
Litigation Specialists (Plaintiff)
Storey & Gough Lawyers (Defendant)
File Number(s): 2020/00181351
Publication restriction: Nil

Judgment

  1. HER HONOUR: This is an application pursuant to s 59 of the Succession Act 2006 (NSW) (Succession Act) by the plaintiff (Ms Rosalind Karpin, also referred to from time to time in the evidence by her former married surname, Gray) for provision out of the estate of the deceased, the late Mr Earle Cameron, with whom Ms Karpin alleges she was in a de facto or close personal relationship at various times prior to the deceased’s death on 4 November 2019. The defendant, Mr Christopher Gough, solicitor, is the executor of the deceased’s estate to whom probate was granted on 29 April 2020 of the deceased’s last Will dated 26 June 2017.

  2. The defendant contests the…

Continue reading Karpin v Gough

Sign in free to access the full text

Details
AGLC
Karpin v Gough [2022] NSWSC 471
Case
[2022] NSWSC 471
Decision Date

CaseChat Overview and Summary

In Karpin v Gough, the parties involved were Karpin, an alleged de facto partner and member of the deceased's household, and Gough, the executor of the deceased's estate. The dispute centred around Karpin's claim for provision from the deceased's estate under the Succession Act 2006 (NSW), Chapter 3. Karpin argued that she was an eligible person for family provision and that the deceased had not made adequate provision for her prior to his death.

The primary legal issues the court needed to address were whether Karpin qualified as an eligible person under the Act and whether the deceased had made adequate provision for her before his death. The court had to consider the definition of an eligible person, which includes those who were in a de facto relationship with the deceased at the time of their death and those who were members of the deceased's household. Additionally, the court had to evaluate the adequacy of the provision made by the deceased, taking into account various factors, including the nature of the relationship, the standard of living during the relationship, and the deceased's financial circumstances.

The court found that Karpin did not qualify as an eligible person for family provision. The evidence presented did not establish that Karpin and the deceased were in a de facto relationship, nor did it demonstrate that Karpin was a member of the deceased's household. Consequently, Karpin was not eligible to make a claim for provision from the estate. Furthermore, the court determined that even if Karpin had been an eligible person, the deceased had made adequate provision for her, considering the circumstances of the relationship and the deceased's financial situation.

The court's decision resulted in Karpin's claim being dismissed. The executor of the estate was not required to provide further financial support to Karpin. The court's ruling emphasised the importance of meeting the statutory criteria for family provision claims and the need for clear evidence to support such claims.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.