| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
TESTATORS FAMILY MAINTENANCE LIST
S ECI 2018 02702
| IN THE MATTER of Part IV of the Administration and Probate Act 1958 | |
| - and - | |
| IN THE MATTER of the Will and Estate of KING LAM HO deceased | |
| BETWEEN: | |
| HAOMING LIANG | Plaintiff |
| v | |
| CONNIE SHUK BROADFOOT (who is sued as the executrix of the Will of King Lam Ho, deceased) | Defendant |
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JUDGE: | McMillan J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 18, 19, 20 November 2019 |
DATE OF JUDGMENT: | 9 April 2020 |
CASE MAY BE CITED AS: | Re Ho; Liang v Broadfoot |
MEDIUM NEUTRAL CITATION: | [2020] VSC 168 |
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FAMILY PROVISION – Where plaintiff seeks provision from the estate of the deceased – Preliminary question as to eligibility of the plaintiff to bring claim for provision from the estate – Where plaintiff claims to be the domestic partner of the deceased, alternatively, the former domestic partner of the deceased at time of his death – Administration and Probate Act 1958 (Vic), s 90A; Relationships Act 2008 (Vic), s 35(2) – Dow v Hoskins [2003] VSC 206; White v Hume [2013] VSC 95; Re Estate of Sigg (dec’d) [2009] VSC 47; Forsyth v Sinclair [2010] VSCA 147; Marrando v Rizzo [2012] NSWSC 739; Chan v Mazurkiewicz [2015] WASC 432.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr R Chen | James Au & Associates |
| For the Defendant | Mr F Lim Francis Lim Barristers and Solicitors |
HER HONOUR:
King Lam Ho (‘the deceased’) died on 9 June 2018, aged 58 years. In the decade before his death the deceased worked as a chef at a number of restaurants in Melbourne. At the time of his death, the deceased’s estate was estimated to have a value of $1,268,956.
Connie Broadfoot (‘the defendant’) is the deceased’s older sister. She is the executor and sole beneficiary of the deceased’s last will, probate of which was granted on 22 August 2018. The defendant has a son (‘Billy’) and niece (‘Tiffany’) who lived with her at relevant times in the years before the deceased’s death.
Haoming Liang (‘the plaintiff’) is 57 years old. She has a daughter (‘Leanne’) from a previous relationship. The plaintiff seeks provision from the deceased’s estate pursuant to Part IV of the Administration and Probate Act 1958 (‘the Act’).
A preliminary question arises as to the plaintiff’s eligibility to bring her claim for provision. She asserts that she is an eligible person for the purposes of s 90A of the Act on the basis that she was the domestic partner, alternatively, the former domestic partner, of the deceased at the time of his death. The defendant disputes this, contending that the plaintiff and deceased were co-tenants, or that if there was a domestic partnership between the two, it ended in 2014.
The Court has determined that on the preliminary issue the plaintiff’s case should succeed.
Applicable principles
An applicant under Part IV of the Act must…
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- Case
- [2020] VSC 168
- Decision Date
CaseChat Overview and Summary
The central legal issue for the court to decide was whether Liang qualified as a domestic partner of Ho, thereby entitling Liang to a claim for provision from Ho's estate. The court had to interpret and apply the relevant statutory provisions and consider precedents such as Dow v Hoskins, White v Hume, Re Estate of Sigg, Forsyth v Sinclair, Marrando v Rizzo, and Chan v Mazurkiewicz to determine the eligibility criteria for domestic partnership in this context.
In its reasoning, the court examined the definitions and requirements of a domestic partnership under the Relationships Act 2008 (Vic). The court assessed whether Liang and Ho had a genuine and committed relationship, the duration and nature of their relationship, and whether they were living together in a shared household. After evaluating the evidence presented, the court concluded that Liang did not meet the criteria for a domestic partner as defined by the legislation. Consequently, Liang's claim for provision from Ho's estate was dismissed.
The final orders of the court were that Liang's application for a provision from Ho's estate was dismissed, with no order as to costs.
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