CITATION: Nedljkovic v Orozovic [2005] NSWSC 755
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 26/07/2005
JUDGMENT DATE :
28 July 2005JURISDICTION: Equity Division
JUDGMENT OF: Associate Justice Macready at 1
DECISION: Paragraph 62
CATCHWORDS: Family Provision. Application under the Family Provision Act by a partner of the deceased of 30 years. Held de facto relationship with deceased. Order for provision made.
PARTIES: Leposova Nedljkovic v Sreten Orozovic (Estate of Dusan Paripovic)
FILE NUMBER(S): SC 4684/2004
COUNSEL: Mr M. Heath for plaintiff
Mr B. Ralston for defendantSOLICITORS: Konstan Lawyers for plaintiff
Robert D West & Associates for defendant
LOWER COURT JURISDICTION:
THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
ASSOCIATE JUSTICE MACREADY
THURSDAY 28 JULY 2005
4684/04 - LEPOSOVA NEDLJKOVIC v SRETEN OROZOVIC - ESTATE OF DUSAN PARIPOVIC
JUDGMENT
1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Dusan Paripovic who died on 5 December 2003 aged sixty-eight years. He was never married and did not have children. He was survived by the plaintiff, who had lived in his house for some thirty years, and was also survived by a number of relatives.
THE WILL OF THE DECEASED
2 Under the will of the deceased, the deceased appointed the defendant as executor. He was a long-time friend. The deceased gave legacies to a number of people. There was a legacy of $20,000 to Jenny Orozovic, the daughter of the defendant and the God daughter of the deceased. He gave a legacy of $20,000 to Gordana Tulum, described as a niece of the deceased. He gave the plaintiff a legacy of $25,000 and the residue he gave to his sister, Sabic Paripovic, and her daughter, Gordana Yuma. They, apparently, live in Yugoslavia. The defendant was entitled to commission of five per cent of the residue of the estate.
ASSETS
3 The assets in the estate consisted of the following:
1. 28 Bambridge Street, Chester Hill valued at $450,000. That was the house which the plaintiff still keeps.
2. Vacant land being 54 Fourth Avenue, Katoomba worth $180,000.
3. Four blocks of land at Sanctuary Point valued at $800,000.
4. A car worth $250.
5. Cash in the sum of $12,000.
4 The cash was used as funeral expenses of $11,600. Costs have been incurred on the plaintiff’s part of some $58,693 and the defendant’s costs are estimated at $36,500.
FAMILY HISTORY
5 The plaintiff was born on 8 February 1929 in Yugoslavia and the deceased was also born there in 1935. The plaintiff left school in 1940 to work on the family farm and she married in 1946. She had two daughters, Milica, born in 1949, and Milovina, born in 1953. She separated from her husband in 1955.
6 In 1960 the deceased migrated to Australia. In 1969 the defendant also migrated to Australia.
7 In 1972 the plaintiff migrated to Australia…
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- AGLC
- Nedljkovic v Orozovic [2005] NSWSC 755
- Case
- [2005] NSWSC 755
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the de facto relationship between Nedljkovic and the deceased qualified as a family relationship under the Family Provision Act. The court also had to consider the financial needs of Nedljkovic and whether the deceased had sufficient resources to provide for her. The court examined the duration, nature and extent of the relationship, and the degree of financial dependence between the parties.
The court held that the relationship between the deceased and Nedljkovic was indeed a family relationship under the Act. It found that the duration of the relationship, the nature of their cohabitation, and their mutual financial dependence satisfied the criteria for a de facto relationship. The court determined that Nedljkovic had significant financial needs and that the deceased's estate had sufficient resources to provide for her. It made an order for the deceased's estate to provide for Nedljkovic in the amount of $100,000.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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