Van Ooyen v O'Driscoll [2002] NSWSC 445

New South Wales Supreme Court

CITATION : Van Ooyen v O'Driscoll [2002] NSWSC 445 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1867/01 HEARING DATE(S) : Thursday, 28 February 2002 JUDGMENT DATE : 22 May 2002

PARTIES : Frances Helen Van Ooyen (Plaintiff) Judith Ann O'Driscoll (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : P. O'Loughlin (Plaintiff) J. Needham (Defendant) SOLICITORS : Taylors Solicitors (Plaintiff) Hunt & Hunt (Defendant) CATCHWORDS : SUCCESSION - Family provision - Claim by adult daughter - Applicant received one quarter of estate - Other daughter received three quarters of estate - Applicant must place before the Court as fully and as frankly as possible details of her financial and material circumstances - Whether applicant has been left without adequate provision for her proper maintenance - Applicant must establish her own case upon its own merits - Conduct disentitling - Statement by testator explaining reasons for her testamentary provisions - Competing claim of other beneficiary LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Blore v Lang (1960) 104 CLR 124 Singer v Berghouse (1994) 181 CLR 201 DECISION : (1). I order that the summons be dismissed.; (2). I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis.; (3). I order that the Defendant be entitled to retain from the estate of the late Vera Irene Christopherson ("the Deceased") the difference between such costs as she may recover from the Plaintiff pursuant to order (2) hereof and the costs of the Defendant on the indemnity basis.