ROBSON v McGRATH [1999] NSWSC 1104

New South Wales Supreme Court CITATION : ROBSON v McGRATH [1999] NSWSC 1104 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 4998/98 HEARING DATE(S) : 25 and 26 October 1999 JUDGMENT DATE : 26 October 1999

PARTIES : DENNIS JOHN ROBSON v DARLENE JOY McGRATH JUDGMENT OF : Master Macready at 1

COUNSEL : Miss M. Bridger for plaintiff Miss Y. Holt for defendant SOLICITORS : Bilbie Dan Hickey, Newcastle for plaintiff Corrs Chambers Westgarth, Queensland, for defendant CATCHWORDS : Family Provision. Application under Family Provision Act by a daughter who had been abandoned by deceased as a young child. No matter of principle. Order made in favour of the plaintiff. CASES CITED : Singer v Berghouse (1994) 181 CLR 201 DECISION : Paragraph 31

- 1- THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

TUESDAY 26 OCTOBER 1999

4998/98 - DENNIS JOHN ROBSON & 1 OR v DARLENE JOY McGRATH - ESTATE OF BEVERLEY ELAINE BOARD

JUDGMENT

1 MASTER: This is an application under the Family Provision Act in respect of the estate of the deceased late Elaine Board, who died on 31 July 1997. The deceased was survived by two children of her first marriage, who are the plaintiffs in the action, and her two children of a relationship with a Mr Billet, one of whom is the defendant.

2 The deceased's first and second husbands survived the deceased. However, Mr Billet, the father of Janine Charrington and Darlene McGrath, has died. At the commencement of this hearing the plaintiff Mr Dennis Robson withdrew his application for relief and the plaintiff Lynn Potter has proceeded.

3 There has been given before me evidence of a solicitors' discussion with Mr Frank Robson as to whether or not he wished to bring proceedings. Apparently he has decided not to, notwithstanding the fact that he is an eligible person. In these circumstances the court can disregard any possible claim by him.