Bishop v White & anor in the Estate of White; Bishop v White [2006] NSWSC 354

New South Wales Supreme Court

CITATION : Bishop v White & anor in the Estate of White; Bishop v White [2006] NSWSC 354

HEARING DATE(S) : 24 and 26 April 2006

JUDGMENT DATE : 27 April 2006

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Provision for daughter varied requiring trustees to purchase house for daughter to occupy during her life if requested. No provision made for grandson

CATCHWORDS : FAMILY PROVISION ACT - claims by daughter and grandson - daughter given life estate in half of residue under will - whether absolute gift sufficient to enable home to be bought should be made - grandson suffers from schizophrenia - accommodation provided by his mother - whether provision for separate accommodation or continuing accommodation after death of his mother should be made

LEGISLATION CITED : Family Provision Act 1982

CASES CITED : Dijkhuijs (formerly Coney) v Barclay (1988) 13 NSWLR 639 Re Fulop deceased (1987) 8 NSWLR 679

Cyrus Anthony Guy Bishop (Plaintiff in 6687/04) PARTIES : Joanne Mary Bishop (Plaintiff in 4031/04) Anthony Alan White (First Defendant in both matters) Huw David Evans (Second Defendant in both matters)

FILE NUMBER(S) : SC 6687 of 2004; 4031 of 2004

Ms K Thompson (Cyrus Bishop) COUNSEL : Mr D Maddox (Joanne Bishop) Mr P J Livingstone (Defendants)

Ferns Aubrey Mitchell (Cyrus Bishop) SOLICITORS : Hal Ginges & Co (Joanne Bishop) Lane & Lane (Defendants)

- 4 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

THURSDAY 27 APRIL 2006.