Mahon v Permanent Trustee Company Ltd [2004] NSWSC 434

New South Wales Supreme Court

CITATION : Mahon v Permanent Trustee Company Ltd [2004] NSWSC 434 HEARING DATE(S) : 29 March 2004 JUDGMENT DATE : 21 May 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1). I order that the time for the institution of these proceedings be extended up to and including 12 December 2002; (2). I order that, in addition to the provision made for her by the will of the late Laurence Michael Mahon ("the Deceased"), the Plaintiff receive: (a) the home unit situate at and known as Unit 9, 8 Avon Street, Dee Why, and (b) the sum of $50,000, such sum not to bear interest if paid on or before 21 July 2004, and if not so paid to bear interest at the rates prescribed for unpaid legacies under the Wills, Probate and Administration Act 1898; (3) I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased; (4). The exhibits may be returned.

CATCHWORDS : Succession - Family Provision - Claim by adult daughter - Plaintiff is only child of Deceased - By will Plaintiff received income until she attained the age of thirty, and estate then went to a charity - Claim not brought within prescribed period - Whether prescribed period should be extended - Nature of order for provison. Burns Philp Trustee Company Act 1990 LEGISLATION CITED : Family Provision Act 1982 MacKillop Family Services Act 1998 (VIC) CASES CITED : Dare v Furness (1998) 44 NSWLR 493 Massie v Laundy (unreported, 7 February 1986) PARTIES : Katherine Gai Mahon (Plaintiff) Permanent Trustee Company Limited (Defendant) FILE NUMBER(S) : SC 5892/02 COUNSEL : R. Wilson and A. Tibbey (Plaintiff) C. Harris (Defendant) SOLICITORS : Daley Lawyers (Plaintiff) Conway MacCallum (Defendant)