Sim v Public Trustee, White v Public Trustee [2005] NSWSC 751

New South Wales Supreme Court

CITATION : Sim v Public Trustee, White v Public Trustee [2005] NSWSC 751

HEARING DATE(S) : 13 July 2005

JUDGMENT DATE : 28 July 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : In each proceeding I make the following orders: (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 out of the estate of the late Rose Ellen Jones ("the Deceased") the difference between the foregoing costs which he may recover from the Plaintiff and the costs of the Defendant on the indemnity basis. (4). The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claims by two adult daughters. Deliberate estrangement of each Plaintiff from Deceased. Statements by Deceased. Financial and material circumstances of each Plaintiff. Whether either plaintiff has been left without adequate provision for her proper maintenance. Significance of estrangement to community expectation. Estrangement is relevant to exercise of Court's discretion.

Family Provision Act 1982 LEGISLATION CITED : Testator's Family Maintenance and Guardianship of Infants Act 1916

Singer v Berghouse (1994) 181 CLR 201 CASES CITED : Walker v Walker (17 May 1996, unreported)

Carolyn Dianne Sim (Plaintiff 2709 of 2004) PARTIES : Lynette Helen White (Plaintiff 4059 of 2004) The Public Trustee (Defendant in each proceeding)

FILE NUMBER(S) : SC 3709 of 2004; 4059 of 2004

C. Locke (Plaintiff 3709 of 2004) COUNSEL : R. Lovas (Plaintiff 4059 of 2004) B. Townsend (Defendant in each proceeding)