Govers v Luff [2000] NSWSC 509

New South Wales Supreme Court

CITATION : Govers v Luff [2000] NSWSC 509 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4552/94; 1461/97 HEARING DATE(S) : 2 and 3 December 1999, 22 and 23 February 2000. JUDGMENT DATE : 9 June 2000

Genevieve Marie Govers (P in 4552/94) PARTIES : Marie Lyn Govers (P1 in 1461/97) Simon Robert Freestone (P2 in 1461/97) Barry Luff and Ines Freestone (Ds) JUDGMENT OF : Master McLaughlin

Mr. M. Meek (P in 4552/94) COUNSEL : Ms. M. Painter (P1 and P2 in 1461/97) Mr. D. McGovern (Ds) Legal Aid Commission of New South Wales (P in 4552/94) SOLICITORS : Wood Roberts Solicitors (P1 and P2 in 1461/97) Commins Hendricks Solicitors (Ds) CATCHWORDS : Family Provision - Claim by adult daughter suffering from Down's Syndrome - No provision made by testator - No Contact by testator with plaintiff during lifetime of testator - Plaintiff resides in a group home - Present circumstances of plaintiff - Present and likely future needs of plaintiff - Claims by former wife and adult son - Proceedings instituted after expiry of prescribed period - Application for extension of time - Whether sufficient cause has been shown for proceedings not having been instituted within that period - Conduct of solicitor - No prejudice to defendants - Exercise of discretion involves a consideration of substantive claims - Lack of candour on part of former wife in failing to disclose information concerning her circumstances - Very short marriage to testator - Former wife subsequently entered into another relationship, and later into a second marriage - No contact with testator - No factors which warrant the making of the application - No provision made for adult son by testator - Absence of contact between testator and plaintiff during lifetime of testator - Plaintiff training for a career as an actor - Plaintiff has no assets and maintains a frugal lifestyle - Competing claims of widow and infant child (aged sixteen) of testator (who are the beneficiaries under his will) - Widow has subsequently married again - Contribution by widow to acquisition and conservation of assets of the estate. LEGISLATION CITED : Family Provision Act 1982 DECISION : See paragraph 132 of judgment.