NSW Caselaw
New South Wales Supreme Court
CITATION : BLACKLEY & ANOR V PROCTOR [2001] NSWSC 537 CURRENT JURISDICTION: EQUITY DIVISION FILE NUMBER(S) : SC 1919/2000 HEARING DATE(S) : 25/06/2001 JUDGMENT DATE : 28 June 2001
PARTIES : Lisa Maree BLACKLEY & Stephen John BLACKLEY v Margaret Jane PROCTOR JUDGMENT OF : Acting Master Berecry at 1
COUNSEL : Mr M. Willmott - plaintiffs Mr D. Marr - defendant SOLICITORS : Eric Butler - plaintiffs Perry & Smith - defendant CATCHWORDS : Family Provision - Application by carer - Intestacy, lifestyle of carer and deceased - Dependency can be mutual - Member of household - estranged relationship of deceased and sister. LEGISLATION CITED : The Family Provision Act 1982 Petrohilas v Hunter (1991) 25 NSWLR at 343. Maloney v Goodwin, unreported decision of Needham J. Munro v Lake, decision of Cohen J. Corcoran v Bizannes, decision of Needham J CASES CITED : Re Fulop Deceased (1987) 8 NSWLR 679 at 681. Churton v Christian (1988) 13 NSWLR 241 at 252 Brown v Faggoter, 13 November 1998 Bondy v Vavros, Young J, unreported 29 August 1988. Howarth v Reid, Powell J, 15 April 1991. DECISION : 1. There be paid out of the Estate to the second plaintiff an amount of $20,000; 2. The second plaintiff be paid his costs out of the Estate on the party/party basis; 3. The defendant's costs be paid out of the Estate on the indemnity basis.
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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