NSW Caselaw
Reported Decision : 63 NSWLR 1
New South Wales Court of Appeal
CITATION: LLOYD-WILLIAMS v MAYFIELD [2005] NSWCA 189
HEARING DATE(S): 02//05/2004
JUDGMENT DATE: 7 June 2005
JUDGMENT OF: Giles JA at 1; Bryson JA at 2; Stein AJA at 45
DECISION: Appeal dismissed. Costs orders see [44].
CATCHWORDS: FAMILY PROVISION – adult daughter – large estate – father died intestate aged 85 – share of estate passed to daughter aged 57 – daughter supported and housed by family rural enterprise principally owned by husband and conducted by family members including son and son-in-law – no pressing need for maintenance - $41,079 under intestacy to daughter, notional estate $5,345,661 on survivorship to widow (W2) who died after 16 months, thence under widow's will to father's niece – White J awarded $850,000 referable to advancement – niece appealed and contended for $150,000 – examination of reasoning leading to award and assessing amount – no error, appeal dismissed.
Family Provision Act 1982 LEGISLATION CITED: Wills, Probate and Administration Act 1898
Hunter v. Hunter (1987) 8 NSWLR 573 In Re Allen (Deceased), Allen v. Manchester [1922] NZLR 218 Kleinig v. Neal (No. 2) [1981] 2 NSWLR 532 CASES CITED: Permanent Trustee Co. Ltd v. Fraser (1995) 36 NSWLR 24 Re Buckland Deceased [1966] VR 404 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Vigolo v. Bostin (2005) 79 ALJR 731
Suzy Carolyn Lloyd-Williams - Appellant PARTIES: Barbara Irene Mayfield - Respondent
FILE NUMBER(S): CA 40548/2004
J.R. Wilson S.C. with L. Ellison - Appellant COUNSEL: D. Officer QC with N. Murray - Respondent
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