NSW Caselaw
New South Wales Supreme Court
CITATION : Nicholls v Hall [2006] NSWSC 1377 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 23, 24 October 2006
JUDGMENT DATE : 12 December 2006
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Proceedings are dismissed with costs.
CATCHWORDS : WILLS [323]- Family provision- Claim by able-bodied ex-nuptial adult son against father's estate- Whether insufficient provision- Few needs- Little contact during deceased's life- Little evidence of close relationship- Bare fact of paternity- Son fails to establish case for provision- Claim dismissed.
LEGISLATION CITED : Family Provision Act 1982
Boniecki v Brown [2006] NSWSC 306 Eather v Maher [2006] NSWSC 746 Gorton v Parks (1989) 17 NSWLR 1 Hunt v Delaney [2005] NSWSC 764 Lo Surdo v The Public Trustee [2005] NSWSC 1186 CASES CITED : McQuhae v Abel [2003] NSWSC 711 Mulhall v Permanent Trustee [2004] NSWSC 365 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Singer v Berghouse (1994) 181 CLR 201 Walker v Walker (Young J, 17.5.1996 unreported) Wheatley v Wheatley [2006] NSWCA 262
David Norman Nicholls (P) Deborah Anne Hall (D1) Gregory Robert Hall (D2) PARTIES : Donna Louise Robinson (D3) Gregory James Robinson (D4) Deanne Elizabeth Day (D5) Colin William Day (D6)
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