Beau Jacob Kazacos bht Shelley Kazacos v Kazacos & Ors [2002] NSWSC 878

New South Wales Supreme Court

CITATION : Beau Jacob Kazacos bht Shelley Kazacos v Kazacos & Ors [2002] NSWSC 878 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1854/1998 HEARING DATE(S) : 16 September 2002 JUDGMENT DATE : 1 October 2002

Beau Jacob Kazacos by his tutor Shelley Kazacos (Plaintiff)

PARTIES : Michael Constantine Kazacos (First Defendant)

Michelle Ryan (Second Defendant) JUDGMENT OF : Acting Master Berecry

Mr M S Willmott (Plaintiff)

Mr T Alexis COUNSEL : (First Defendant)

Mr Ellison (Second Defendant)

Braye Cragg Solicitors, Newcastle by their agents Turner Whelan (Plaintiff)

SOLICITORS : Sharpe Partners Legal (First Defendant) David H Cohen & Co (Second Defendant)

Mr M P King of Kings Lawyers (Third Defendant) CATCHWORDS : FPA son - no contact since a child minimal support by deceased - large estate - burden of provision - separate joinder of beneficiaries - liability for costs LEGISLATION CITED : ss 7 & 13 Family Provision Act 1982 s 18A Wills and Probate Administration Act Arratoon v Arratoon (unreported, Bryson J, 31 July 1995) CASES CITED : Cook v Cook (unreported, NSWCA, 17 October 1997) Ford v Brit [1999] NSWSC 919, Bryson J Anasson v Phillips (unreported, Young J, 4 March 1988) DECISION : (1) Pursuant to s 7 of the Family Provision Act 1982 additiona; provision be made for the plaintiff out of the Estate of the deceased by paying to the plaintiff an additional sum of $180,000.00; (2) The plaintiff's costs be paid out of the estate on a party/party basis; (3) The first defendant's costs be paid out of the Estate on the Trustee basis; (4) The second defendant's costs be paid out of the Estate to the extent of costs incurred in perusing the plaintiff's and first defendant's affidavits and appearance at the hearing of the proceedings; (5) The third defendant pay her own costs; (6) Pursuant to s 13 of the Family Provisons Act 1982 the burden of the payment of order (1) be met out of the proceeds of sale of the deceased's interest in the company known as Interest Pty Ltd.