Foster v Foster [1999] NSWSC 1016

New South Wales Supreme Court CITATION : Foster v Foster [1999] NSWSC 1016 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 2040/98 HEARING DATE(S) : 28, 29 September 1999 JUDGMENT DATE : 8 October 1999

PARTIES : Donald Warren Foster (P) Charmain Leah Foster (D) JUDGMENT OF : Acting Master Berecry

COUNSEL : (P) M S Willmott (D) J R Wilson SOLICITORS : (P) Eric Butler (D) Mallesons Stephen Jaques CATCHWORDS : Obligation for frank disclosure- Totality of relationship considered in determining s 9(3) factors- Extent of provision by parent to a child. ACTS CITED : Family Provision Act, ss 7, 9(3) Arratoon v Arratoon (Bryson J, 31 July 1995, unreported) Fiorentini v O'Neill (C/A, 4 December 1998, unreported) CASES CITED : Fraser v Venables (Master McLaughlin, 30 September 1998, unreported) Kleinig v Neal [1981] 2 NSWLR 532 Singer v Berghouse (1994) 181 CLR 201 DECISION : See para 78

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION ACTING MASTER BERECRY Friday 8 October 1999

2040/98 - FOSTER v FOSTER

JUDGMENT

1 ACTING MASTER: The plaintiff, by summons filed on 16 April 1998, seeks an order that provision be made out of the estate of his father, the late Donald Eli Foster pursuant to s 7 of the Family Provision Act. 2 The deceased died on 9 January 1998 aged 80. The plaintiff is the sole surviving child of the deceased, his older brother Graham having died on 31 August 1994. The plaintiff, therefore, is an eligible person pursuant to s 6(1)(b). 3 The defendant is the executrix of the deceased's estate. She is a daughter of the plaintiff and therefore a grandchild of the deceased.