Mangraviti v Jackson [1999] NSWSC 804

New South Wales Supreme Court CITATION : Mangraviti v Jackson [1999] NSWSC 804 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 3431/96 HEARING DATE(S) : 25 and 26 February 1999 JUDGMENT DATE : 6 August 1999

PARTIES : John Lawrence Mangraviti (P) John Norman Stevens Jackson (D) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr. P. O'Loughlin (P) Mr. J. Van Aalst (D) SOLICITORS : Phillip J. Rowland (P) Mallesons Stephen Jaques (D) CATCHWORDS : Family Provision; Claim by adult son against estate of his mother; Plainitff worked without pay in the family business, and received no benefit under the will of his father; No other eligible persons; Plaintiff owns or controls assets totalling almost $8 million, of which the cash proportion is relatively small; Plainitff and his wife maintain a modest lifestyle; Absence of any need; Failure to satisfy first stage in two-stage process described in Singer v Berghouse; Purpose of family provision legislation: Blore v Lang ACTS CITED : Family Provision Act 1982 Testator's Family Maintenance and Guardianship of Infants Act 1916 Wentworth v Wentworth (1995) 37 NSWLR 703 Bosch v Perpetual Trustee Co Ltd [1938] AC 476 CASES CITED : Field v Inglis (Master Macready, 6 February 1995) Blore v Lang (1960) 104 CLR 124 Singer v Berghouse (1994) 181 CLR 201 DECISION : 1. I order that the summons be dismissed 2. I order that the plaintiff pay the costs of the defendant, such costs to be on the party and party basis 3. I order that the difference between the costs of the defendant on the indemnity basis and the foregoing costs recovered by the defendant from the plaintiff be paid to the defendant out of the estate of the late Anna Mangraviti ("the deceased") 4. The exhibits may be returned.