NSW Caselaw
New South Wales Supreme Court
CITATION : Hornby v Cavenagh & Anor [2001] NSWSC 689 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1678/00 HEARING DATE(S) : 1-3 August 2001 JUDGMENT DATE : 16 August 2001
Nicola Lee Hornby (Plaintiff) PARTIES : v Amanda Jane Cavenagh & Scott William Hopkins as Executors of the Estate of the Late Jean Bertha Ferguson (Defendants) JUDGMENT OF : Acting Master Berecry
COUNSEL : P: Mr N Francey, Mr I McLaughlan Ds: Mr S D Rares SC, Mr A McGrath SOLICITORS : P: Andrews Watts Lawyers Ds: Heaney, Richardson & Nemes Lawyers CATCHWORDS : Family Provision - niece-aunt - dependency - member of household - factors warranting - quality of relationship - testamentary intention - natural object of recognition - large estate LEGISLATION CITED : Family Provision Act 1982, ss6, 7, 9 Ball v Newey (1988) 13 NSWLR 489 Petrohilos v Hunter (1991) 25 NSWLR 343 Clinch v Swift (Young J, 13/10/86, unrep) CASES CITED : Moloney v Goodwin (Needham J, 1/8/89, unrep) Re Fulop, Deceased (1987) 8 NSWLR 679 Whitmont v Lloyd (Bryson J, 31/7/95, unrep) Anasson v Phillips (Young J, 4/3/88, unrep) Singer v Berghouse (No.2) (1994) 181 CLR 201 DECISION : Proceedings dismissed. Plf pay her own costs. Dfts' costs be paid out of estate on indemnity basis.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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