NSW Caselaw
New South Wales Supreme Court
CITATION : Brady v Padol [2005] NSWSC 429
HEARING DATE(S) : 10 and 11 February 2005
JUDGMENT DATE : 3 May 2005
JURISDICTION : Equity Division
JUDGMENT OF : Master McLaughlin at 1
DECISION : (1). I order that the proceedings be dismissed. (2). I order that the Plaintiff pay the cost of the Defendants, such costs to be on the party and party basis. (3). I order that the Defendants be entitled to recoup from the estate of the late Effie Padol ("the Deceased") the difference between the foregoing costs which they may recover from the Plaintiff and the costs of the Defendants on the indemnity basis. (4). The exhibits may be returned.
CATCHWORDS : Succession. Family Provision. Claim by adult grandson. Whether Plaintiff is an eligible person. Whether Plaintiff was dependent upon Deceased. Relationship between Plaintiff and Deceased. Factors warranting the making of the application. Financial and material circumstances of Plaintiff. Whether Plaintiff has been left without adequate provision for his proper maintenance, education or advancement in life. Deed of family arrangement between Defendants. Competing claims of Defendants. Distribution of estate to Defendants beneficially.
LEGISLATION CITED : Family Provision Act 1982
Re Fulop Deceased (1987) 8 NSWLR 679 CASES CITED : Singer v Berghouse (1984) 181 CLR 201
Antony Brady (Plaintiff) Nicholas Padol (First Defendant) PARTIES : Elly Padol (Second Defendant)
FILE NUMBER(S) : SC 5429 of 2003
Mr. T. Bors (Plaintiff) COUNSEL : Mr. A. Hill (Defendants)
Hassett Dixon (Plaintiff) SOLICITORS : David M. Carson (Defendants)
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