NSW Caselaw
New South Wales Supreme Court
CITATION : Miller v Jones [2002] NSWSC 1200 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4206/96; 4225/96 HEARING DATE(S) : 27, 28, 29 August 2002 JUDGMENT DATE : 13 December 2002
Charles Harold Miller (Plaintiff 4206/96) PARTIES : Damon Charles Miller (Defendant 4225/96) Marilyn Jones (First Defendant) Eva Emma May Jones (Second Defendant) JUDGMENT OF : Master McLaughlin
M. Rollinson (for Plaintiff 4206/96) COUNSEL : Plaintiff 4225/96 in person M.S. Willmott (for Defendants) SOLICITORS : Slattery Thompson, Solicitors (Plaintiff 4206/96) Packer & Austin, Solicitors (Defendants) CATCHWORDS : Succession - Family Provision - Claims by adult son (aged 85) and by adult grandson - Financial and material circumstances of Plaintiffs - Liabilities of each Plaintiff include costs awarded in favour of Defendants in unsuccessful probate proceedings brought by Plaintiffs - Competing claims of other beneficiaries - Whether grandson is an eligible person - Alleged partial dependency upon Deceased - Whether there are factors which warrant the making of his application - Effect of unpaid costs owing to Defendants upon any proposed order for provision - Rule in Cherry v Boultbee. LEGISLATION CITED : Conveyancing Act 1919 Family Provision Act 1982 Re Akerman [1891] 3 Ch 212 Cherry v Boultbee (1839) 4 My&Cr 442; 41 ER 171 CASES CITED : Re Fulop, Deceased (1987) 8 NSWLR 679 Singer v Berghouse (1994) 181 CLR 201 Turner v Turner [1911] 1 Ch 716 DECISION : See paragraph 86.
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