Estate Gooley, Deceased [2022] NSWSC 734

Supreme Court New South Wales

Medium Neutral Citation: Estate Gooley, Deceased [2022] NSWSC 734 Hearing dates: 16 and 18 February 2022 Decision date: 07 June 2022 Jurisdiction: Equity Before: Lindsay J Decision: Subject to allowing the parties an opportunity to be heard about the form of orders to be made, the plaintiff is to receive a legacy of $250,000 from the estate of the deceased as family provision relief granted under Chapter 3 of the Succession Act 2006 NSW; the proceeds of the legacy are to be managed by the NSW Trustee as a protected estate, governed by the provisions of the NSW Trustee and Guardian Act 2009 NSW; and, unless the Court otherwise orders, $130,000 of the legacy is to be managed by the NSW Trustee as a fund dedicated to the plaintiff's rehabilitation from a drug addiction. Catchwords: SUCCESSION — Family provision — Claim by adult grandson CIVIL PROCEDURE — Protective jurisdiction — Administration of estates — Incapacity for self-management – Protected Management order – Part only of Estate – Management committed to NSW Trustee MENTAL HEALTH — Management of estate — Financial management order Legislation Cited: Civil Procedure Act 2005 NSW NSW Trustee and Guardian Act 2009 NSW Probate and Administration Act 1898 NSW Succession Act 2006 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Andrew v Andrew (2012) 81 NSWLR 6 Bassett v Bassett [2021] NSWCA 320 Bosch v Perpetual Trustee Co Ltd [1938] AC 463 Bowditch v NSW Trustee and Guardian [2012] NSWSC 275 Churton v Christian (1988) 13 NSWLR 241 CJ v AKJ [2015] NSWSC 498 Dare v Furness (1997) 44 NSWLR 493 Durham v Durham (2011) 80 NSWLR 335 Goodman v Windeyer (1980) 144 CLR 490 In re Allen [1922] NZLR 218 Jones v Dunkel (1959) 101 CLR 298 McKenzie v Baddeley [1991] NSWCA 197 Petrohilos v Hunter (1991) 25 NSWLR 347 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Re Estate Bohar; Bockos v Bohar [2021] NSWSC 1177 Re Fulop Deceased (1987) 8 NSWLR 679 Skinner v Frappell [2008] NSWCA 296 Warren v McKnight (1996) 40 NSWLR 390 Category: Principal judgment Parties: Plaintiff: Sean Damon Campbell Gooley Defendant: Brett Raymond Gooley Representation: Counsel: Plaintiff: Self represented Defendant: J P Knackstredt and T Jonker