Draper v Nixon [1999] NSWSC 629

New South Wales Supreme Court CITATION : Draper v Nixon [1999] NSWSC 629 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 2276/97 HEARING DATE(S) : 28, 29 and 30 October 1998, 9, 10 and 11 February 1999 (written submissions to 18 March 1999) JUDGMENT DATE : 28 June 1999

Jennifer Mary Draper (P) PARTIES : Christine Dianne Nixon (D1) Susan Long (D2) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr. J. Amor-Smith (P) (to 11 February 1999, thereafter plaintiff in person). Mr. M. S. Willmott (D). SOLICITORS : Eric Butler Solicitors (D). CATCHWORDS : Family Provision; Claim by adult daughter; Responsibility of applicant to place before the Court as fully and as frankly as possible all available information concerning her financial and material circumstances; Conduct disentitling; Plaintiff attempted to have testator committed to a lunatic asylum; Competing claims of chosen beneficiaries; Assets of estate not sufficient to meet any order for provision; Notional estate; Prescribed transactions; Claim against notional estate not made within prescribed period; Attempt by plaintiff to use written submissions to place before the Court inadmissable evidence; Written submissions used by plaintiff as a vehicle to make insulting and totally unjustified and baseless allegations against members of the legal profession. Family Provision Act 1982 ACTS CITED : Mental Health Act 1990 Testator's Family Maintenance and Guardianship of Infants Act 1916 CASES CITED : Blore v Lang (1960) 104 CLR 124 Singer v Berghouse (1994) 181 CLR 201 DECISION : 1. I order that the proceedings be dismissed.; 2. I order that the plaintiff pay the costs of the defendants.