Walton v Lehmann [2005] NSWSC 251

New South Wales Supreme Court

CITATION : Walton v Lehmann [2005] NSWSC 251

HEARING DATE(S) : 28 and 29 October 2004 and 13 December 2004

JUDGMENT DATE : 30 March 2005

JURISDICTION : Equity Division

JUDGMENT OF : Master McLaughlin at 1

DECISION : 4298 of 2003 Vincent Royce Walton v Mark Kenneth Lehmann (1). I order that the Plaintiff receive from the estate of the late Victor Carl Walton ("the Deceased") a legacy in the sum of $100,000, such legacy not to bear interest if paid on or before 30 April 2005, and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the Wills, Probate and Administration Act 1898. (2). I order that the balance of the relief sought in the further amended summons be stood over generally, with liberty to restore on seven days' notice. (3). I order that the costs of the Plaintiff on the party and party basis in respect to his claim under the Family Provision Act and the costs of the Defendant on the indemnity basis in respect to such claim be paid out of the estate of the Deceased. (4). The exhibits may be returned. 5813 of 2003 Renae Kristin Walton and Ors v Mark Kenneth Lehmann (1). I order that the Plaintiff Renae Kristin Walton receive from the estate of the late Victor Carl Walton ("the Deceased") a legacy in the sum of $60,000, such legacy not to bear interest if paid on or before 30 April 2005, and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the Wills, Probate and Administration Act 1898. (2). I order that the claims of the Plaintiffs Bradley Adam Walton and Matthew Scott Walton under the Family Provision Act 1982 be dismissed. (3). I order that the balance of the relief sought in the further amended summons be stood over generally, with liberty to restore on seven days' notice. (4). I order that the costs of the Plaintiff Renae Kristin Walton on the party and party basis in respect to her claim under the Family Provision Act and the costs of the Defendant on the indemnity basis in respect to such claim and in respect to the claims of the other Plaintiffs under the Family Provision Act be paid out of the estate of the Deceased, and that there be no other order relating to the costs in respect to the claims of the other Plaintiffs under the Family Provision Act. (5). I reserve to the Plaintiffs Bradley Adam Walton and Matthew Scott Walton and to the Defendant liberty to apply within fourteen days of the date hereof for a variation of the foregoing order in respect to the costs of the claims of those Plaintiffs. (6). The exhibits may be returned.