Dowsley v Noonan [2003] NSWSC 214

New South Wales Supreme Court

CITATION : Dowsley v Noonan [2003] NSWSC 214 HEARING DATE(S) : 25, 26 February 2003 JUDGMENT DATE : 27 March 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1). I order that the amended summons be dismissed.; (2). I order that the Plaintiff pay the costs of the Defendants, such costs to be on the party and party basis.; (3). I order that the First Defendant be entitled to be paid out of the estate of the late Faye Iris Noonan ("the Deceased") the difference between the costs of the First Defendant on the indemnity basis and the amount of the aforesaid costs which he may recover from the Plaintiff.; (4). The exhibits may be returned.

CATCHWORDS : Succession - Family Provision - Claim by adult daughter - Financial and material circumstances of Plaintiff - Whether Plaintiff has been left without adequate provision for her proper maintenance - Competing claims of other beneficiaries - Practical effect of provision claimed by Plaintiff would be to dispossess youngest child of testator of his residence. LEGISLATION CITED : Family Provision Act 1982 Testator's Family Maintenance and Guardianship of Infants Act 1916 CASES CITED : Blore v Lang (1960) 104 CLR 124 Singer v Berghouse (1994) 181 CLR 201 Lisa Michelle Dowsley (Plaintiff) PARTIES : Christopher John Noonan (First Defendant) Jason Noonan (Second Defendant) FILE NUMBER(S) : SC 4189/01 COUNSEL : R.W. Tregenza (Plaintiff) SOLICITORS : Adams & Partners, Lawyers (Plaintiff) Victor A. Bizannes, Solicitor (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION