Bennett v Bennett [2001] NSWSC 987

New South Wales Supreme Court

CITATION : Bennett v Bennett [2001] NSWSC 987 FILE NUMBER(S) : SC 5133/99 HEARING DATE(S) : 25, 26 October 2001 JUDGMENT DATE : 5 November 2001

PARTIES : David William Bennett (Plaintiff) Bruce Anthony Bennett (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : G. Roberts (Plaintiff) L. Ellison (Defendant) SOLICITORS : Mikelis Strikis (Plaintiff) Osborne & Bricknell (Defendant) CATCHWORDS : Family provision - Claim by adult son - Applicant must place before the Court as fully and as frankly as possible details of his financial and material circumstances - Credit of applicant - Whether applicant has been left without adequate provision for his proper maintenance - Applicant must establish his own case on its own merits - Competing claims of beneficiaries LEGISLATION CITED : Family Provision Act 1982 Bosch v Perpetual Trustee Company Limited [1983] AC 463 White v Barron (1980) 144 CLR 431 CASES CITED : Goodman v Windeyer (1980) 144 CLR 490 Hunter v Hunter (1987) 8 NSWLR 573 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 or recoup from the estate of the late Hilda Aileen Bennett ("the Deceased") the difference between the costs of the Defendant on the indemnity basis and the amount of the costs referred to in order 2 hereof which the Defendant may recover from the Plaintiff.