Brunker v Collins [2006] NSWSC 391

New South Wales Supreme Court

CITATION : Brunker v Collins [2006] NSWSC 391 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 05/05/2006

JUDGMENT DATE : 5 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

EX TEMPORE JUDGMENT DATE : 05/05/2006

DECISION : Paragraph 36

CATCHWORDS : Family Provision. Claim by a daughter who was left out of the will of the deceased. Legacy ordered in plaintiff's favour. No matter of principle.

PARTIES : Jeanette Brunker v Robyn Faye Collins

FILE NUMBER(S) : SC 2049 of 2005

COUNSEL : Mr P Doyle Gray for defendant

SOLICITORS : Mr Neil Lyon for plaintiff HQF Lawyers for defendant

- 1 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

FRIDAY 5 MAY 2006

2049/05 - JEANETTE BRUNKER v ROBYN FAYE COLLINS

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Frank Hedisan who died on 25 February 2004. He was survived by his son and daughter.

2 The last will of the deceased was made on 27 March 2002. Under that will he left his estate as to one half to his sister, Norma Harrison, and the other half to his sister-in-law, Winifred Loffler.

3 The estate has been reduced to cash and amounts to $405,000. The costs of the defendant to date are some $33,364. The costs of the plaintiff total $58,712. This is a very large amount, in part due to the fact that there is an uplift factor included in those costs. That uplift factor is the sum of twenty-five per cent. In the matter of Day v Perpetual Trustee in a separate judgment on costs on 3 August 2001 I set out the reasons why I would not normally allow such an uplift factor if the plaintiff were successful and costs were ordered. I will not set out those reasons again in detail but they are available in that judgment.