POGORELIC -v- BANOVICH & ORS [2007] WASC 45
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2007] WASC 45 | |
| Case No: | CIV:1306/2004 | 22, 23 NOVEMBER & 6 DECEMBER 2006 | |
| Coram: | MASTER NEWNES | 26/02/07 | |
| 18 | Judgment Part: | 1 of 1 | |
| Result: | Order for further provision from Estate | ||
| B | |||
| PDF Version |
| Parties: | GOLDI POGORELIC MILOVAN ALEXANDER BANOVICH ELIZABETH MARWICK VANESSA KATHERINE POGORELIC |
Catchwords: | Succession Application by widow under Inheritance (Family and Dependants Provision) Act 1972 (WA) for provision from Estate of late husband Whether entitled to matrimonial home Relevance of lifestyle during marriage to proper provision from Estate Whether pension entitlement a relevant factor Turns on own facts |
Legislation: | Inheritance (Family and Dependants Provision) Act 1972 (WA), s 6 |
Case References: | Bondelmonte v Blanckensee [1989] WAR 305 Coates v National Trustees Executors & Agency Co Ltd (1956) 95 CLR 494 Goodman v Windeyer (1980) 144 CLR 490 Grainger v The Public Trustee, unreported; SCt of WA; Library No 950670; 6 December 1995 Hughes v National Trustees Executors and Agency Co of Australasia Ltd (1979) 143 CLR 134 King v White [1992] 2 VR 417 Lawrence v Lawrence [2004] WASC 90 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Singer v Berghouse (No 2) (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191 Welsh v Mulcock [1924] NZLR 673 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
and
The Will of ANTON POGORELIC late of 47 Haig Road, Attadale, Western Australia (Dec)
- Plaintiff
AND
MILOVAN ALEXANDER BANOVICH
First Defendant
ELIZABETH MARWICK
Second Defendant
VANESSA KATHERINE POGORELIC
Third Defendant
(Page 2)
Catchwords:
Succession - Application by widow under Inheritance (Family and Dependants Provision) Act 1972 (WA) for provision from Estate of late husband - Whether entitled to matrimonial home - Relevance of lifestyle during marriage to proper provision from Estate - Whether pension entitlement a relevant factor - Turns on own facts
Legislation:
Inheritance (Family and Dependants Provision) Act 1972 (WA), s 6
Result:
Order for further provision from Estate
Category: B
Representation:
Counsel:
Plaintiff : Mr J C Curthoys
First Defendant : Mr R A C Cullen
Second Defendant : Dr P R MacMillan
Third Defendant : Dr P R MacMillan
Solicitors:
Plaintiff : Frichot & Frichot
First Defendant : Cullen Babington Hughes
Second Defendant : Chan Galic
Third Defendant : Chan Galic
Case(s) referred to in judgment(s):
Bondelmonte v Blanckensee [1989] WAR 305
Coates v National Trustees Executors & Agency Co Ltd (1956) 95 CLR 494
Goodman v Windeyer (1980) 144 CLR 490
Grainger v The Public Trustee, unreported; SCt of WA; Library No 950670; 6 December 1995
(Page 3)
Hughes v National Trustees Executors and Agency Co…
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CaseChat Overview and Summary
In the case of Pogorelic v Banovich, the widow of the deceased sought additional provision from his estate under the Inheritance (Family and Dependants Provision) Act 1972 (WA). The central issue was whether she was entitled to a portion of the matrimonial home, and if so, what amount would be appropriate. The widow argued that the pension entitlement of the deceased was not a relevant factor in determining the appropriate provision from the estate. The court had to consider the lifestyle enjoyed during the marriage, the widow's financial needs, and the deceased's pension entitlement.
The court examined the nature of the relationship between the parties and the contributions made by each during the marriage. It was necessary to assess whether the lifestyle enjoyed during the marriage justified a larger share of the estate for the widow. The court also considered whether the deceased's pension entitlement should be taken into account in determining the appropriate provision from the estate. The widow's reliance on her late husband's pension payments was deemed relevant in calculating the necessary provision.
The court found that the widow was entitled to a larger share of the estate, considering the lifestyle during the marriage and the financial needs of the widow. The court concluded that the deceased's pension entitlement was a relevant factor in determining the appropriate provision from the estate. The widow's entitlement to a portion of the matrimonial home was recognised, and the court ordered that further provision be made from the estate.
The court ordered that further provision be made from the estate to meet the widow's financial needs. The amount was determined based on the lifestyle enjoyed during the marriage, the widow's current financial situation, and the deceased's pension entitlement. The court emphasised the importance of considering the individual circumstances of each case when making such determinations.
The court examined the nature of the relationship between the parties and the contributions made by each during the marriage. It was necessary to assess whether the lifestyle enjoyed during the marriage justified a larger share of the estate for the widow. The court also considered whether the deceased's pension entitlement should be taken into account in determining the appropriate provision from the estate. The widow's reliance on her late husband's pension payments was deemed relevant in calculating the necessary provision.
The court found that the widow was entitled to a larger share of the estate, considering the lifestyle during the marriage and the financial needs of the widow. The court concluded that the deceased's pension entitlement was a relevant factor in determining the appropriate provision from the estate. The widow's entitlement to a portion of the matrimonial home was recognised, and the court ordered that further provision be made from the estate.
The court ordered that further provision be made from the estate to meet the widow's financial needs. The amount was determined based on the lifestyle enjoyed during the marriage, the widow's current financial situation, and the deceased's pension entitlement. The court emphasised the importance of considering the individual circumstances of each case when making such determinations.
Orders
Orders of the court
Order for further provision from Estate
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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