NSW Caselaw
New South Wales Supreme Court
CITATION : Foster v Lisle [2003] NSWSC 1243 HEARING DATE(S) : 3, 4 December 2003 JUDGMENT DATE : 17 December 2003 JURISDICTION: Equity Division JUDGMENT OF : Young CJ in Eq DECISION : Order that the plaintiff receive a legacy of $22,900 from the estate of the late Bobbie McVeigh Lisle. Plaintiff is to have costs out of the estate capped at $22,900. The defendant's costs are to be paid out of the estate.
CATCHWORDS : SUCCESSION [322]- Family Provision application- Principles upon which relief granted- Claim by child of testator- Adult daughter only left $10- Test to be applied when assessing whether the court should make an order under the Family Provision Act- Two-stage test- Considerations when estate is of small value- Considerations when applicant entitled to a government pension- Circumstances to be considered. LEGISLATION CITED : Family Provision Act 1982, ss 7, 9(3)(b) Carroll v Cowburn [2003] NSWSC 248 Parker v The Public Trustee (Young J, 31.5.88 unreported) CASES CITED : Permanent Trustee Company Limited v Fraser (1995) 36 NSWLR 24 Re Kauiers (1986) 11 Fam LR 41 Singer v Berghouse (1994) 181 CLR 201 Whitmont v Lloyd (Bryson J, 31.7.95 unreported) PARTIES : Sonia Marie Foster (P) Peter Bobbie Lisle (D) FILE NUMBER(S) : SC 5576/02 COUNSEL : M A Gilmour (P) L Ellison (D) SOLICITORS : Ken Lee (P) Webster O'Halloran & Associates (D)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
YOUNG CJ in EQ
Wednesday 17 December 2003
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