Parker v Parker [2006] NSWSC 473

New South Wales Supreme Court

CITATION : Parker v Parker [2006] NSWSC 473

HEARING DATE(S) : 05/05/2006 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 05/05/2006

DECISION : In lieu of provisions of Will, legacies of $47,000, $80,000 and $25,000 to plaintiffs with residue to defendant. Costs recoverable by first and third plaintiffs capped at $20,000 and $45,000. Indemnity costs in favour of second plaintiff.

CATCHWORDS : SUCCESSION - Family provision – claims by 3 of 6 adult children of deceased – estate of $347,000 left to defendant eldest son – no claims by surviving former spouse – no needs-based claim by beneficiary – claim by first plaintiff compromised for $47,000 – circumstances of second plaintiff change adversely after death – substantial need for maintenance established – third plaintiff establishes modest contribution-based claim for advancement – priority of obligation to provide for maintenance over obligation to provide for advancement – legacies of $80,000 to second plaintiff and $25,000 to third plaintiff – COSTS – where small estate with multiple claims – relevance of "rule of thumb" that plaintiff's costs in such claims should be limited to $35,000 – relevance of amount recovered – recoverable costs capped – Indemnity costs – where plaintiff betters offer of compromise – indemnity costs from date of offer.

LEGISLATION CITED : Family Provision Act 1982 (NSW) Property (Relationships) Act 1984 (NSW)

Bosch v Perpetual Trustee Co Ltd [1938] AC 463 Deves v Porter [2003] NSWSC 878 Moore v Moore [2004] NSWSC 587 CASES CITED : Re Fulop (1987) 8 NSWLR 679 Singer v Berghouse (1994) 181 CLR 201 Stewart v McDougal (NSWSC, Young J, 19 November 1987, unreported) Van Zonneveld v Seaton (No 2) [2005] NSWSC 175