NSW Caselaw
New South Wales Supreme Court CITATION : Sinclair v Griffiths [1999] NSWSC 491 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 1349/98 HEARING DATE(S) : 20 and 21 April 1999 JUDGMENT DATE : 27 May 1999
PARTIES : Deborah Helen Sinclair as next friend of Nathan Mark Griffiths, Ryan Luke Griffiths and Lauren Rochelle Griffiths (P) Sandra Nicole Griffiths (D) JUDGMENT OF : Master McLaughlin
COUNSEL : Mr. M. S. Willmott (P) Mr. P. T. Taylor (D) SOLICITORS : Eric Butler Solicitors (P) Harris Wheeler Solicitors (D) CATCHWORDS : Family Provision; Claim by three children of first marriage of deceased; All plaintiffs were infants at commencement of proceedings; Deceased left entire estate to his second wife; Relevance of financial ability of mother of plaintiffs to support or maintain her children; Only significant asset of deceased was his interest in matrimonial home, of which he and his second wife were joint tenants; Claim against notional estate of deceased; Prescribed transaction constituted by failure of deceased to sever joint tenancy; Small notional estate; Competing claim of widow; Short marriage; Proceedings not commenced within time; Whether Court is precluded by section 16(3) of Family Provision Act 1982 from exercising the discretion to extend time vested in it by section 16(2). ACTS CITED : Family Provision Act 1982 Luciano v Rosenblum (1985) 2 NSWLR 65 CASES CITED : Warren v McKnight (1996) 40 NSWLR 390 Dare v Furness (1997) 44 NSWLR 495 DECISION : See paragraph 49
SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
MASTER McLAUGHLIN
Thursday, 27 May 1999
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