Bladwell and Davis v Davis and Bladwell [2003] NSWSC 882

New South Wales Supreme Court

CITATION : Bladwell and Davis v Davis and Bladwell [2003] NSWSC 882 HEARING DATE(S) : Tuesday, 24 June 2003 JUDGMENT DATE : 26 September 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : In 2430/02: (1) I order that the summons be dismissed; (2) I order that the costs of the Plaintiff on the indemnity basis be paid out of the estate of the late Robert Michael Davis ("the Deceased"), and that there be no other order in respect to the costs of the proceedings. In 3420/02: (1) I order that, in lieu of the benefit given to her by the will of the late Robert Michael Davis ("the Deceased"), the Plaintiff Lesley Ann Davis receive a legacy in the sum of $60,000 and, in lieu of the benefit given to him by the will of the Deceased, the Plaintiff Peter Robert Davis receive a legacy in the sum of $80,000, each such legacy not to bear interest if paid on or before 26 October 2003, and if not so paid to bear interest at the rate appropriate for unpaid legacies under the Wills, Probate and Administration Act 1898; (2) Order that liberty be reserved to the parties to apply for an order specifying whether the additional benefit of $20,000 to be received by the Plaintiff Lesley Ann Davis and the additional benefit of $40,000 to be received by the Plaintiff Peter Robert Davis should be borne by the residue of the estate of the Deceased or whether part or all of such additional benefits should be borne by some other part of the estate of the Deceased; (3) 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 - Claim by two adult children - Financial and material circusmtances of Plaintiffs - Competing claims of beneficiaries (especially of de facto widow) - Whether additional provision for Plaintiffs should be borne by residue or by some other part of the estate. LEGISLATION CITED : Family Provision Act 1982 Helen Jean Bladwell (Plaintiff 2430/02) Lesley Ann Davis (First Defendant 2430/02) PARTIES : Peter Robert Davis (Second Defendant 2430/02) Lesley Ann Davis (First Plaintiff 3420/02) Peter Robert Davis (Second Plaintiff 3420/02) Helen Jean Bladwell (Defendant 3420/02) FILE NUMBER(S) : SC 2430/02; 3420/02 COUNSEL : R.W. Tregenza (Plaintiff 2430/02, Defendant 3420/02) D.L. Warren (Defendants 2430/02, Plaintiffs 3420/02) SOLICITORS : E.J. Harris, Solicitor (Plaintiff 2430/02, Defendant 3420/02) Heard McEwan Lawyers (Defendants 2430/02, Plaintiffs 3420/02)