NSW Caselaw
New South Wales Supreme Court CITATION : Cleary v Young [1999] NSWSC 863 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 2392/98 HEARING DATE(S) : 23 March 1999 JUDGMENT DATE : 27 August 1999
PARTIES : John Edward Cleary (P) Sandra Elizabeth Young (D) JUDGMENT OF : Master McLaughlin
COUNSEL : Mr. John R. Wilson (P) Mr. Richard Legg (D) (Solicitor) SOLICITORS : L. Rundle & Co (P) Burridge & Legg (D) CATCHWORDS : Family provision; Claim by adult son; Plaintiff equally entitled with his sisters to the only substantial asset in the estate; Relationship between the plaintiff and the deceased and between the plaintiff and the other beneficiaries; Competing claims of the other beneficiaries; Plaintiff incurred liabilities in contested Probate proceedings; Extension of time. ACTS CITED : Family Provision Act 1982 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 DECISION : 1. I order that the time for the making of this application be extended up to and including the date of the filing of the summons herein 2. I order that, in addition to the benefits given to him by the will of the late John Albert Cleary ("the deceased"), the plaintiff receive a legacy in the sum of $40,000, such legacy not to bear interest if paid on or before 27 November 1999 3. I order that the costs of the plaintiff on the party and party basis and the costs of the defendant on the indemnity basis be paid out of the estate of the deceased 4. The exhibits may be returned.
SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
MASTER McLAUGHLIN
Friday, 27 August 1999
2392/98 JOHN EDWARD CLEARY -v- SANDRA ELIZABETH YOUNG JUDGMENT
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