Kennedy v Dymond [2003] NSWSC 602

New South Wales Supreme Court

CITATION : Kennedy v Dymond [2003] NSWSC 602 HEARING DATE(S) : 24 March 2003, written submissions to 15 May 2003. JUDGMENT DATE : 3 July 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1). I order that, in addition to the benefits given to her by the will of the late Elspeth Anne Melville Dymond ("the Deceased"), the Plaintiff receive a legacy in the sum of $100,000, such legacy not to bear interest if paid on or before 3 September 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 - Health problems of Plaintiff - Competing claims of other beneficiaries (especially Defendant) - Health problems of Defendant, and his financial and material circumstances - Practical effect of order for provision - Probable result would be for Defendant to be dispossessed of home in which he has resided for virtually his entire life - Statements by Deceased in her will and otherwise giving reasons for her testamentary dispositions. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Charmaine Julianne Kennedy (Plaintiff) PARTIES : Melville Russell Eric Dymond (Defendant)

FILE NUMBER(S) : SC 4266/01 COUNSEL : C. Simpson (Plaintiff) L.J. Ellison (Defendant) SOLICITORS : L. Rundle & Co, Solicitors (Plaintiff) Paul C. Fabian & Co, Solicitors (Defendant)