Pont v Morris [2003] NSWSC 982

New South Wales Supreme Court

CITATION : Pont v Morris [2003] NSWSC 982 HEARING DATE(S) : Thursday, 31 July 2003 JUDGMENT DATE : 30 October 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : See paragraph 71 and following.

CATCHWORDS : Sucession - Family Provision - Plaintiffs are three adult children and mother of first testator and are three adult stepchildren and mother-in-law of second testator - Sole asset of the two testators was a house property owned by them as joint tenants - Interest of first testator passed by survivorship to second testator - Second testator by will gave that property to Defendant - Defendant sold that property and dissipated proceeds of sale - Financial and material circumstances of each Plaintiff - Competing claim of Defendant (whose affairs are now under the control of the Protective Commissioner) - Claim against estate of first testator an exercise in futility - Factors which warrant the making of the application against the estate of the second testator - Whether assets of Defendant should be designated notional estate of second testator. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Re Fulop; Fulop v Public Trustee (1987) 8 NSWLR 679 Colin Andrew Pont (First Plaintiff) Susanne Marie Donald (Second Plaintiff) PARTIES : Graeme Kenneth Pont (Third Plaintiff) Annie Rodger Pont (Fourth Plaintiff) Colin Morris by his Tutor the Protective Commissioner (Defendant) FILE NUMBER(S) : SC 4504/00; 5086/00 COUNSEL : M.S. Willmott (Plaintiffs) G.B. Carolan (Defendant) SOLICITORS : Turnbull Hill Lawyers (Plaintiffs) Lee & Lyons Lawyers (Defendant)