Kouroutis v Kouroutis [2023] NSWSC 608

Supreme Court New South Wales

Medium Neutral Citation: Kouroutis v Kouroutis [2023] NSWSC 608 Hearing dates: 10 May 2023 Date of orders: 9 June 2023 Decision date: 15 June 2023 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff awarded further legacy of $118,000, in addition to the legacy provided for in the will. Order that the legacies in the will to the deceased grandchildren be reduced to $20,000 and to the deceased's great grandchildren to $3,000. Order that the defendant's costs be paid out of the estate on the indemnity basis. Order that the plaintiff's costs be paid out of the estate on the ordinary basis. Catchwords: SUCCESSION – family provision – claim by one of two children, an adult daughter, for provision from the estate of her deceased father under Succession Act 2006, Chapter 3 – the plaintiff is an eligible person – the deceased's will leaves his estate substantially to his surviving son, the defendant, and his grandchildren and great grandchildren, providing a legacy of $100,000 to the plaintiff – the plaintiff had a troubled childhood, became involved in drugs and was imprisoned for drug related offences – the plaintiff lived distant from the deceased – the plaintiff's brother, the defendant, spent more time with the deceased in the final years of his life than the plaintiff – whether the plaintiff was estranged from the deceased – whether the plaintiff's relationship with the deceased precludes making an award of further provision for the plaintiff out of the deceased's estate – whether on discretionary grounds the Court should not make further provision for the plaintiff out of the deceased's estate – whether the plaintiff needs further provision from the deceased's estate for her proper maintenance, education and advancement in life and if so, what is the appropriate quantum of such provision – how the defendant's financial needs should be balanced in making any award to the plaintiff. Legislation Cited: Family Law Act 1975, s 79 Succession Act 2006, ss 57, 59, 59(1)(c), 65, 66(2) Uniform Civil Procedure Rules 2005, r 42.4 Cases Cited: Camernik v Reholc [2012] NSWSC 1537 Christie v Edward [2012] WASC 265 CPT Custodian Pty Ltd v Commissioner of State Revenue (2005) 224 CR 98 In the Estate of Lee (1986) 84 FLR 268 James v James [2006] NSWSC 1151 Rathswohl v Court [2021] NSWSC 356 Saunders v Vautier (1841) CR & PH 240 Taylor v Farrugia [2009] NSWSC 801 Texts Cited: J D Heydon and M J Leeming, Jacobs' Law of Trusts in Australia [23-08] – [23-12] (8th ed, 2016, LexisNexis) Category: Principal judgment Parties: Plaintiff: Asmina Kouroutis Defendant: Peter Kouroutis Representation: Counsel: Plaintiff: L. Clarke Defendant: P. Bolster