Borgia v Bugge [2003] NSWSC 765

New South Wales Supreme Court

CITATION : Borgia v Bugge [2003] NSWSC 765 HEARING DATE(S) : 28, 29 April 2003 JUDGMENT DATE : 20 August 2003 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 19 July 2002; (2). I order that each Plaintiff receive from the estate of the late Carmeni Bugge ("the Deceased") a legacy in the sum of $100,000, and that the payment of $50,000 received by each Plaintiff in February 2002 be treated as part-payment of such legacy, the outstanding balance of each such legacy not to bear interest if paid on or before 20 September 2003, and if not so paid to bear interest at the rate prescribed for unpaid legacies pursuant to the Wills, Probate and Administration Act 1898; (3). I order that the costs of the Plaintiffs 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 - Claims by four adult daughters - Proceedings brought out of time - Extension of prescribed period - Financial and material circumstances of Plaintiffs - Competing claims of beneficiaries. LEGISLATION CITED : Family Provision Act 1982 Wills, Probate and Administration Act 1898 Bastow v Bastow (Hodgson J, 8 September 1989, unreported) de Winter v Johnstone (Court of Appeal, 23 August 1995, unreported) CASES CITED : Fancett v Ware (Young J, 3 June 1986, unreported) Phillips v Quinton (Powell J, 31 March 1988, unreported) Singer v Berghouse (1994) 181 CLR 201 Carmela Borgia (First Plaintiff) Angella Leonello (Second Plaintiff) PARTIES : Teresa Bugge (Third Plaintiff) Giovanna Valerioti (Fourth Plaintiff) Domenico Bugge (Defendant) FILE NUMBER(S) : SC 3682/02 COUNSEL : M. Cashion SC, P. Bolster (Plaintiffs) B. Coles QC, D. Warren (Defendant) SOLICITORS : Marando Solicitors (Plaintiffs) Galluzzo Golotta Andriano Simone, Solicitors (Defendant)