Batty v Batty [2004] NSWSC 904

New South Wales Supreme Court

CITATION : Batty v Batty [2004] NSWSC 904 HEARING DATE(S) : 19, 20 and 21 April 2004 JUDGMENT DATE : 30 September 2004 JURISDICTION: Equity division JUDGMENT OF : Master McLaughlin at 1 DECISION : (1). I order that the summons be dismissed.; (2). I order that all earlier costs orders made herein be vacated. ; (3). I make no order as to costs, to the intent that each party bear her or his own costs of the proceedings. ; (4). The exhibits may be returned.

CATCHWORDS : Succession. - Family Provision. - Claim by adult granddaughter. - Substantial legacy given to Plaintiff by will. - Whether Plaintiff is an eligible person. - Whether Plaintiff was dependent upon Deceased. - Relationship between Plaintiff and Deceased. - Statements by Deceased. - Factors warranting the making of the application. - Financial and material circumstances of Plaintiff. - Whether Plaintiff has been left without adequate provision for her proper maintenance.- Competing claim of Defendant. LEGISLATION CITED : Family Provision Act 1982 (New South Wales) Testator's Family Maintenance and Guardianship of Infants Act 1916 (New South Wales) Ball v Newey (1988) 13 NSWLR 489 CASES CITED : Blore v Lang (1960) 104 CLR 124 Re Fulop Deceased (1987) 8 NSWLR 679 PARTIES : Joanne Leslie Batty (Plaintiff) Brett Denis Batty (Defendant) FILE NUMBER(S) : SC 2022 of 2002 COUNSEL : Plaintiff in person Mr. G. E. Underwood (Defendant) SOLICITORS : David Kennedy, Esq (Defendant)

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IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION