Sherry v Manasseh [1999] NSWSC 1079

New South Wales Supreme Court CITATION : Sherry v Manasseh [1999] NSWSC 1079 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 5307/97 HEARING DATE(S) : 27 and 28 May 1999 JUDGMENT DATE : 3 November 1999

Shirley Anne Manasseh (P) PARTIES : Charles David Alexander Manasseh (D1) Gloria Regina Cnapich (D2) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr. J. B. Whittle (P) Mr. M. Macrossan (D) SOLICITORS : Grinberg Young & Krass (P) K. J. Minotti & Company (D) CATCHWORDS : Family Provision; Claim by adult daughter against estate of her mother; Estate left equally among plaintiff and defendants; Benefits given to each party by their deceased father; Expression of wishes (entitled "Direction") made by father before his death; Financial and material circumstances of plaintiff; Residence of plaintiff is valuable, but in need of repair; Plaintiff not left without adequate provision for her proper maintenance and advancement in life; Application not made within time; Plaintiff was before the expiration of the limitation period aware of the Family Provision Act and of the limitation period for making a claim thereunder; Conduct of defendants as an asserted cause of the failure of the plaintiff to institute proceedings within time; Competing claims of the defendants. ACTS CITED : Family Provision Act 1982 CASES CITED : 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 defendants, such costs to be on the party and party basis, and that the defendants be entitled to retain out of the estate of the late Paula Flora Manasseh ("the Deceased") the difference between such costs and the costs of the defendants on the indemnity basis.