Barrett v Public Trustee [2004] NSWSC 991

New South Wales Supreme Court

CITATION : Barrett v Public Trustee [2004] NSWSC 991 HEARING DATE(S) : 19 October 2004 JUDGMENT DATE : 26 October 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin at 1 DECISION : (1) I order that the summons 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 Ronald John Barrett ("the Deceased") the difference between his costs on the indemnity basis and the amount of the costs which he may recover pursuant to order (2) hereof. (4) The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by brother. Whether Plaintiff is an eligible person. Whether Plaintiff was a member of the same household as Deceased. Whether Plaintiff was dependent upon Deceased. Proceedings not instituted within prescribed period. Whether discretion to bring proceedings out of time has been activated. Factors which warrant the making of the application. Substantive claim of Plaintiff. LEGISLATION CITED : Family Provision Act 1982 Petrohilos v Hunter (1991) 25 NSWLR 343 CASES CITED : Re Fulop Deceased (1987) 8 NSWLR 679 Warren v McKnight (1996) 40 NSWLR 390 PARTIES : Joseph Yedon Barrett (Plaintiff) Public Trustee (Defendant) FILE NUMBER(S) : SC 4888 of 2003 COUNSEL : Dr. L. Robinson (Plaintiff) Mr. L. Ellison (Defendant) SOLICITORS : G. H. Healey & Co - Bondi (Plaintiff) Clinch Neville Long (Defendant)

- 19 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION