Horton v Simpson [2006] NSWSC 765

New South Wales Supreme Court

CITATION : Horton v Simpson [2006] NSWSC 765

HEARING DATE(S) : Thursday, 6 July 2006

JUDGMENT DATE : 1 August 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : In proceedings 2394 of 2005, William Patrick Horton v Edwina Catherine Simpson, I make the following orders: (1). I order that the Plaintiff receive from the estate of the late William Alfred Frederick Horton ("the Deceased"): (a) A legacy in the sum of $250,000, such legacy not to bear interest if paid on or before 1 October 2006, and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the Wills, Probate and Administration Act 1898; (b) The interest of the Deceased in New Holland TR 98 header serial number 559721 complete with 30' open front and comb trailer owned as tenant in common with the Plaintiff. (2). I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. In proceedings 3015 of 2005, Robert Scott Horton v Edwina Catherine Simpson, I make the following orders: (1). I order that the Plaintiff receive from the estate of the late William Alfred Frederick Horton ("the Deceased") a legacy in the sum of $60,000, such legacy not to bear interest if paid on or before 1 October 2006, 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 costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased, and that there be no order in respect to the costs of the Plaintiff, to the intent that he shall bear his own costs of the proceedings.