Mulhall v Permanent Trustee [2004] NSWSC 365

New South Wales Supreme Court

CITATION : Mulhall v Permanent Trustee [2004] NSWSC 365 HEARING DATE(S) : 21 April 2004 JUDGMENT DATE : 22 April 2004 JURISDICTION: Equity JUDGMENT OF : Master Macready at 1 DECISION : See paragraph 48

CATCHWORDS : Family provision -- Application of adult daughter of deceased -- Estate left to long term friend of the deceased -- Limited relationship between the plaintiff and the deceased -- Legacy ordered for the plaintiff out of the estate of the deceased LEGISLATION CITED : Family Provision Act 1982 (NSW) Benney v Jones (1991) 23 NSWLR 559 Gorton v Parks (1989) 17 NSWLR 1 Hughes v Hughes (unreported 6 June 1989) CASES CITED : Neil v Nott (1994) 68 ALJR 509 Pontifical Society for the Propogation of Faith v Scales (Scales Case) (1962) 107 CLR 9 Re Allardice (1910) 29 Singer v Berghouse (1994) 181 CLR 201 Walker v Walker (unreported 17 May 1996) Maria Antoinette Mulhall PARTIES : v Permanent Trustee Co Limited - Estate of James William Courtney FILE NUMBER(S) : SC 5844/02 COUNSEL : L Ellison - Plaintiff P Blackburn-Hart - Defendant SOLICITORS : Patrick Timbs & Company Solicitors - Plaintiff Bartier Perry - Defendant

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

THURSDAY 22 APRIL 2004

5844/02 - MARIA ANTOINETTE MULHALL v PERMANENT TRUSTEE CO LIMITED - ESTATE OF JAMES WILLIAM COURTNEY

JUDGMENT

1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late James William Courtney who died on 24 April 2002 aged eighty-two years. He is survived by the plaintiff, his daughter, and Patricia Henrietta Hurman, a lady with whom the deceased had a relationship for a period of about forty-two years. The will of the deceased 2 The last will of the deceased was made on 22 October 1996. That provided for the whole of his estate to go to Ms Hurman whom he described as a long term friend and lover. He appointed the Permanent Trustee as executor. 3 He also at the same time executed a Statement of Reasons which was addressed to the Permanent Trustee in the following terms: "I have appointed your company as executor in my will.