Dodd v Dodd [2022] NSWSC 199

Supreme Court New South Wales

Medium Neutral Citation: Dodd v Dodd [2022] NSWSC 199 Hearing dates: 31 January 2022, 1 & 2 February 2022 Date of orders: 7 March 2022 Decision date: 07 March 2022 Jurisdiction: Equity Before: Slattery J Decision: Order a legacy out of the deceased's estate in the sum of $520,000 in favour of the plaintiff. Order that the defendant's costs be paid out of the estate on the indemnity basis. Order that the plaintiff's cost be paid out of the estate on the ordinary basis. Both sets of costs are quantified. Order that the provision made for the plaintiff be paid into a protective trust to be administered for his benefit upon terms and with trustees to be settled by the Court in chambers. Catchwords: SUCCESSION – Family Provision – claim by an only child, an adult son, for provision from the estate of his deceased father under Succession Act 2006, Chapter 3 – the plaintiff is an eligible person – the deceased father's will leaves the deceased's estate to his sister – the deceased and the plaintiff's mother were divorced after a short marriage and the deceased did not remarry – in a Succession Act, s 100 statement the deceased explains the exclusion of the plaintiff from his will on grounds of animosity, an assault and an irretrievable breakdown of their relationship – whether the plaintiff and the deceased were estranged – whether the relationship between the plaintiff and the deceased was as described in the deceased's s 100 statement – whether the nature of the plaintiff's relationship with the deceased precludes, or whether otherwise on discretionary grounds the Court should not make, further provision for the plaintiff out of the deceased's estate – the plaintiff's financial needs not in issue – whether the son requires further provision for his proper maintenance, education and advancement in life from the deceased's estate and if so what is the appropriate quantum of such provision. Legislation Cited: Civil Procedure Act, s 98(4)(c) Succession Act 2006, ss 59(1)(c), 65, 66 and 100 Legal Profession Act 2014 Cases Cited: Bienke v Bienke; the estate of the late Harold Bienke [2002] NSWSC 804 Cameron v Cameron [2009] SASC 27 Carroll v Codeburn [2003] NSWSC 248 Drury v Smith [2012] NSWSC1067 Estate Amiesen [2020] NSWSC 528 Evans v Levy [2011] NSWCA 125 Fricano v Lagana [2009] NSWSC 840 Gaudron v Parks (1989) 17 NSWLR 1 Hampson v Hampson (2010) 5 ASTLR 116 Harrison v Schipp (2002) 54 NSWLR 738 Hodely v Hodely, Supreme Court NSW, Young J, 17 February 1987 – unreported Litchfield v Smith & Timgate [2010] VSC 466 McLean v Public Trustee [2001] NSWSC 970 Pulitano v Pulitano [2019] NSWSC 1688 Singer v Berghouse (No. 2) (1994) 181 CLR 201 The Claim v Public Trustee [2010] NSWSC 970 West v France [2010] NSWCA 458 Williamson v Williamson [2011] NSWSC 228 Chan v Chan [2016] NSWCA 222 Category: Principal judgment Parties: Plaintiff: Peter Alan Dodd Defendant: Marilyn Dodd Estate of John Dodd Representation: Counsel: Plaintiff: J. Brown Defendant: A. Petrie; R. Wilson