Pearson & Anor v Jones [2000] NSWSC 799

New South Wales Supreme Court

CITATION : Pearson & Anor v Jones [2000] NSWSC 799 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1123/99 HEARING DATE(S) : 29-31 March 2000 JUDGMENT DATE : 14 August 2000

PARTIES : Geoffrey Gordon Pearson and Jennifer Margaret Pearson Philip Wallace Jones JUDGMENT OF : Master McLaughlin

COUNSEL : Mr A M Gruzman (Plaintiff) Mr J R Wilson (Defendant) SOLICITORS : Johnston Vaughan Solicitors (Plaintiff) Marshall Marks Kennedy Solicitors (Defendant) CATCHWORDS : Family Provision - Claims by adult grandchildren - Whether or not plaintiffs were partly dependent upon testator - Residence of testator was divided into two separate flats - Testator and her husband lived in one - Plaintiffs and their parents lived in the other - Frequent visitations between the two flats - Testator provided gifts and benefits to plaintiffs and their parents - Where plaintiffs were residing with their own parents, and where it was their own parents who had the primary responsibility for the maintenance, care and support of the plaintiffs, such gifts and benefits, are not sufficient to establish that the plaintiffs were partly dependent upon testator - Whether there are factors which warrant the making of the application - Whether either or both plaintiffs have otherwise established relevant need - Whether, in any event, either Plaintiff has established an entitlement to an order for provision LEGISLATION CITED : Family Provision Act 1982 Petrohilos v Hunter (1991) 25 NSWLR 343 CASES CITED : Re Fulop (1987) 8 NSWLR 679 Ball v Newey (1988) 13 NSWLR 489 DECISION : 1. I order that the summons be dismissed.; 2. I order that the Plaintiffs pay the cost of the Defendant.; 3. The exhibits may be returned.