Thyssen v Pottenger [2003] NSWSC 787

New South Wales Supreme Court

CITATION : Thyssen v Pottenger [2003] NSWSC 787 HEARING DATE(S) : 14,15 July 2003 JUDGMENT DATE : 27 August 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) I order that the claim of the Plaintiff Natalie Veronica Thyssen 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 Nicolaas Jacob Marker ("the Deceased") the difference between the foregoing costs which he may recover from the Plaintiff and the costs of the Defendant on the indemnity basis.; (4) The exhibits may be returned.

CATCHWORDS : Succession - Family Provision - Claim by former wife - Plaintiff and Deceased were divorced in 1965 - Plaintiff subsequently married her present husband, by whom she has three children - Financial and material circusmtances of Plaintiff - Obligation of Plaintiff to place before the Court as fully and as frankly as possible all available details - Whether Plaintiff has established relevant need - Failure of Plaintiff to enforce maintenance and costs orders against Deceased - Factors which warrant the making of the application - Competing claims of beneficiaries. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : O'Shaughnessy v Mantle (1986) 7 NSWLR 142 Natalie Veronica Thyssen (First Plaintiff) PARTIES : John George Thyssen (Second Plaintiff) Thomas Alexander Pottenger (First Defendant) Rhoderick Gavin Ramsay McGhee (Second Defendant) FILE NUMBER(S) : SC 1855/02 COUNSEL : S. Goodman (Plaintiffs) M. Gorrick (Defendants) SOLICITORS : Snelgrove & Partners, Solicitors (Plaintiffs) Pottenger & McGhee (Defendants)