A ‘homeless’ man has been awarded $550,000 from the estate of an elderly woman he regularly had threesomes with more than three decades ago.
The man first met the woman – who at the time was married – in 1979 before going on to have numerous sexual encounters with both her and her husband.
But the Sydney-based trio eventually went their separate ways, as the couple moved on and the man became involved in his own same-sex relationship.
That was until a chance meeting in 2012, by which time the man was down on his luck and had lost his same-sex partner, while the woman’s husband had also died and revealed she was suffering from breast cancer.
Rekindling their sexual relationship, the man told the NSW Supreme Court he agreed to care for the woman and did so until she died in 2014 at 71 – leading to him being granted $550,000 for his ‘domestic support’.
The case went before the Supreme Court in April 2017, with the man now aged in his mid-60s presenting to Justice Geoff Lindsay.
The court heard that the woman, whose only living relative was a brother, refused to enter a nursing home but was taken to hospital 12 times before she died in 2012.
On 10 of those occasions, her reunited lover was listed as the emergency contact.
But despite owning a number of properties, she instead chose to live in a ‘squalor’ Manly apartment, with the court told she relied on the rent as her income source.
And so the man and woman began ‘living together’, with he ensuring duties such as shopping and preparing food, toileting, driving and paying bills were taken care of.
When the woman died her male friend called 000 in tears, telling the operator how she had told him she was ‘getting better’ and he had been caring for her that day.
‘We’re very, very close, and ah, we both lost our partners and just held on to each other,’ he said in the 000 recording.
But the elderly woman’s brother, who lived in Perth and was due to inherit her estate, claimed a coroner’s report into her death proved had not always been by her side.
‘[The deceased] died alone and in squalor. She had been neglected for days and weeks prior to her death,’ the woman’s brother told the court.
She was reportedly found sitting in a motel room chair with ‘large and open infected pressure sores’.
Justice Lindsay ruled that there’s was ‘not a commercial relationship’ and that he had not helped the woman solely for ‘for fee and [or] reward’.
‘It was built upon a pre-existing friendship, renewed personal contact and shared grieving for lost partners.’
The man asked for a sum of $1.7 million and while admitting their relationship was ‘odd’, Justice Lindsay granted him $550,000.
He also put steps in place to ensure the man would receive ‘professional assistance’ to help manage his large sum.
‘If he were paid a substantial sum today… I fear it could be gone tomorrow or, perhaps, the day after, with nothing to show for its dissipation,’ Justice Lindsay said.
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