Kingwright v Pin [2004] NSWSC 249

New South Wales Supreme Court

CITATION : Kingwright v Pin [2004] NSWSC 249 HEARING DATE(S) : 2, 3, 4 December 2003 JUDGMENT DATE : 1 April 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1). I order that the proceedings be dismissed; (2). I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis; (3). I order that the Defendant be entitled to recoup from the estate of the late Fira Glucksman ("the Deceased") the difference between the foregoing costs which she may recover from the Plaintiff pursuant to order 2 hereof and the costs of the Defendant on the indemnity basis; (4). The exhibits may be returned.

CATCHWORDS : Succession - Family Provision - Claim by adult granddaughter - Whether Plaintiff was partly dependent upon Deceased - Financial and material circusmtances of Plaintiff - Lack of frankness on part of the Plaintiff - Whether Plaintiff has been left without adequate provision for her maintenance, education and advancement in life - Whether there are factors which warrant the making of the application - Proceedings out of time - Competing claim of beneficiary. LEGISLATION CITED : Family Provision Act 1982 Re Fulop Deceased (1987) 8 NSWLR 679 Dare v Furness (1998) 44 NSWLR 493 CASES CITED : Massie v Laundy (7 February 1986, unreported) Singer v Berghouse (1994) 181 CLR 201 Setiz v Morgans [2001] NSWSC 1188, 20 December 2001) Tsivinsky v Tsivinsky (Court of Appeal, 5 December 1991, unreported) PARTIES : Natalie Jaye Kingwright (Plaintiff) Della Pin (Defendant) FILE NUMBER(S) : SC 4632/02 COUNSEL : M. Tzannes (Plaintiff) P. Strasser (Defendant) SOLICITORS : Marsdens Law Group (Plaintiff) Landerer & Company, Solicitors (Defendant)