Phipps v Knott [2003] NSWSC 470

New South Wales Supreme Court

CITATION : Phipps v Knott [2003] NSWSC 470 HEARING DATE(S) : 24 February 2003 JUDGMENT DATE : 30 May 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1). I order that the Plaintiff receive from the estate of the late Edith Barbara Knott ("the Deceased") a legacy in the sum of $150,000, such legacy not to bear interest if paid on or before 30 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 Defendants on the indemnity basis be paid out of the estate of the Deceased; (3). I reserve to the Defendants and each of them liberty to apply within fourteen days of the date hereof for any variation of the foregoing order that the costs of the Defendants 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 adult grandson - Plaintiff resided with Deceased and became her full-time carer - Financial and material circumstances of Plaintiff - Factors warranting the making of the application - Competing claims of Defendants. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Blore v Lang (1960) 104 CLR 124 Mark Edwin Phipps (Plaintiff) PARTIES : Barbara Doreen Knott (First Defendant) Thelma Muriel Witherow (Second Defendant) FILE NUMBER(S) : SC 3928/00 COUNSEL : J.A. Trebeck (Plaintiff) P. Blackburn-Hart (Second Defendant) SOLICITORS : Herbert Weller, Solicitors (Plaintiff) McPhe Kelshaw (Second Defendant)