Green v Ogden [2003] NSWSC 558

New South Wales Supreme Court

CITATION : Green v Ogden [2003] NSWSC 558 HEARING DATE(S) : 8, 9 April 2003 JUDGMENT DATE : 24 June 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) I order that, in addition to the provision made for her by the will of the late Ronald Edgar Ogden ("the Deceased"), the Plaintiff receive a legacy of $461,000, such legacy not to bear interest if paid on or before 24 August 2003, and if not so paid to bear interest at Supreme Court rates; (2) 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; (3) The exhibits may be returned.

CATCHWORDS : Succession - Family Provision - Claim by adult daughter - Financial and material circumstances of Plaintiff - Relationship between Plaintiff and Deceased - Conduct of Plaintiff in respect whereof Deceased expressed concern - Obligation upon Plaintiff to place before the Court appropriate evidence of her needs and requirements and cost of meeting those needs and requirements - Nature of provision to which Plaintiff has established an entitlement. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Wentworth v Wentworth (1995) 37 NSWLR 703 PARTIES : Diana Gloria Green (Plaintiff) Ronald John Ogden (Defendant) FILE NUMBER(S) : SC 2505/02 COUNSEL : M. Gilmour (Plaintiff) J. Wilson (Defendant) SOLICITORS : Molloy & Schrader, Solicitors (Plaintiff) Hunt & Hunt (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION