NSW Caselaw
New South Wales Supreme Court
CITATION : Moratelli v Westhoff [2000] NSWSC 279 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2049/98 HEARING DATE(S) : 9 and 10 February 2000 JUDGMENT DATE : 10 April 2000
PARTIES : Margherita Moratelli (P) Bryan Joseph Westhoff (D) JUDGMENT OF : Master McLaughlin
COUNSEL : Mr. J. R. Wilson with Mr. S. J. Burchett (P) Mr. P. Hallen, SC (D) SOLICITORS : Potts Latimer (P) W D Clapin (D) CATCHWORDS : Family Provision, - Claim by adult daughter - Substantial estate - Gifts to plaintiff by will of a home unit and legacy of $500,000 - Relationship between plaintiff and testator - Letter from deceased addressed to his executors concerning that relationship - Obligation upon applicant for provision to place before Court as fully and as frankly as possible all available information concerning her financial and material circumstances - Absence of any explanation for failure of plaintiff to earn income, either through her profession as a teacher, or otherwise - No competing claims upon testamentary bounty of testator - Plaintiff must establish her own claim upon its own merits - Plaintiff has no entitlement to equality of provision with that given by testator to his other children - Whether plaintiff has been left without adequate provision for her proper maintenance. LEGISLATION CITED : Testator's Family Maintenance and Guardianship of Infants Act 1916 Family Provision Act 1982 CASES CITED : Blore v Lang (1960) 104 CLR 124 DECISION : See paragraph 49
SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
MASTER McLAUGHLIN
Monday, 10 April 2000
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