NSW Caselaw
New South Wales Supreme Court
CITATION : Beverley Carol Hogan v Lynette Dorothy Clarke & Anor [2002] NSWSC 386 FILE NUMBER(S) : SC 1286/01 HEARING DATE(S) : 30/04/02 JUDGMENT DATE : 30 April 2002
Beverley Carol Hogan (Plaintiff) PARTIES : Lynette Dorothy Clarke (1st Defendant) John Mulvaney (2nd Defendant) JUDGMENT OF : Einstein J
COUNSEL : Mr G Rundle (Plaintiff) Mrs M Bridger (Defendants) SOLICITORS : Schrader & Associates (Plaintiff) Marc Hardman & Associates (Defendants) CATCHWORDS : Wills, Probate and Administration - Family Provision Act 1982 - Order for maintenance, education and advancement in life out of deceased's estate - Whether testamentary disposition inadequate - Relationship and degree of contract between applicant daughter and deceased mother - Prevailing standards of what is right and appropriate in the circumstances LEGISLATION CITED : Family Provision Act 1982 Bosch v Perpetual Trustee Co (Ltd) [1938] AC 463 Ellis v Leader (1951) 82 CLR 645 Gregory v Hudson (No 2) 1unreported 8 September 1997 NSWSC, 2493/96 CASES CITED : Kearns v Ellis unreported 5 December 1984 Court of Appeal BC 8400149 Permanent Trustee Company Ltd v Fraser (1995) 36 NSWLR 24 Shearer v Public Trustee re the Estate of Smith [1998] NSWSC 87 Singer v Berghouse (1994) 181 CLR 201 White v Baron (1980) 144 CLR 431 DECISION : The appropriate order is to dismiss the application. Such an order will be made, when short minutes of order are brought in, in due course.
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