Nelepkopwicz v Permanent Trustee Company Limited and anor [2003] NSWSC 362

New South Wales Supreme Court

CITATION : Nelepkopwicz v Permanent Trustee Company Limited and anor [2003] NSWSC 362 HEARING DATE(S) : 1,8,15,22 November 2002, 3 February 2003 JUDGMENT DATE : 1 May 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) I order that the period within which these proceedings may be instituted be extended up to and including the date of the filing of the summons herein; (2) I order that the balance of the distributable estate of the late Ernest Popper ("the Deceased"), being the assets of the estate presently held by the Defendants, less the costs referred to in order 3 hereof and any outstanding costs and expenses of and incidental to the administration of the said estate, be held by the Defendants for the Plaintiff absolutely; (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 exnuptial child - Proceedings out of time - Plaintiff a disable person, being intellectually retarded from birth - Financial and material circumstances of Plaintiff - Future needs of Plaintiff - Competing claims of beneficiaries. LEGISLATION CITED : Family Provision Act 1982 David Nelepkowicz (by his tutor Janina Nelepkowicz) (Plaintiff) PARTIES : Permanent Trustee Company Limited (First Defendant) Peter Rodney Karger (Second Defendant) FILE NUMBER(S) : SC 1950/02 COUNSEL : C. Simpson (Plaintiff) M. Meek (Defendants) SOLICITORS : L. Rundle & Co, Solicitors (Plaintiff) Permanent Legal Services (Defendants)