Robyn Nina Francis Andrews v Beryl Joan White; John William White; Trevor Valton White [2008] NSWDC 196

New South Wales District Court

CITATION: Robyn Nina Francis Andrews v Beryl Joan White; John William White; Trevor Valton White [2008] NSWDC 196

HEARING DATE(S): 19, 20, 21, 22 August 2008.

JUDGMENT DATE: 12 September 2008

JURISDICTION: Civil

JUDGMENT OF: Knox SC DCJ

1. I order that allowance be made for the plaintiff from the estate of the testator in lieu of the provision made for her in the sum of $65,000. DECISION: 2. I direct that the parties bring in a minute of orders before 25 September 2008 as to how and when that payment will be made. 3. In the event that the parties are unable to bring in such a minute then I give each of the parties liberty to apply to have the matter set down for argument as to when the payment should be made and any other orders, including orders as to enforcement, as may be necessary.

CATCHWORDS: Daughter's claim on notional estate of Valton Frances White for her maintenance, education and advancement in life. - Family farm cases - Plaintiff accepts the entitlements of the two sons of the testator to the substantial proportion of his estate. - Son's made contributions over their lives to the properties by way of unpaid or lowly paid labour. - A relevant consideration is the plaintiff's future retirement and income needs.

LEGISLATION CITED: Family Provision Act 1982

McDougall v Rogers; Estate of James Rogers (2006) NSWSC 484 Kleinig v Neal [No 2] [1981] 2 NSWLR 532 Browne v Dunn (1893) 6 R 67 Bosch v Perpetual Trustee Co Ltd [1938] AC 483 CGU v Ferrcom P/L (1991) 22 NSW LR 389 Jones v Dunkel (1959) 101 CLR 298 Mann v Starkey [2008] NSWSC 263 Diver v Neal [2008] NSWSC 304 re Harrison (deceased), Thompson v Harrison [1962] NZLR 6 Gorton and Ors v Parks (1989) 1 NSWLR 1 CASES CITED: White v Barron (1980) 144 CLR 431 Dun v Dun (1957) 99 CLR 325 Goodman v Windeyer (1980) 144 CLR 490 Hawkins and Anor v Prestage and Ors, unreported; SCt of WA; Library No 7469; 20 January 1989 Hunter v Hunter (1987) 8 NSWLR 573 White v Chambers (unreported SC (WA), Franklin J, 1404/1982, 27 February 1985) Gillis v Laverty unrep. NSW SC Davey v Fairhead (1996) ACL Rep 395 WA 7 Lloyd v Nelson (1985) 2 NSWLR 291 Gorton v Parks (1989) 17 NSWLR 1 Smilek v Public Trustee [2008] NSWCA 190