Russoniello v Russoniello [2006] NSWSC 557

New South Wales Supreme Court

CITATION : Russoniello v Russoniello [2006] NSWSC 557

HEARING DATE(S) : 24 and 26 April 2006

JUDGMENT DATE : 9 June 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : (1). I order that, in addition to the benefits given to him by the will of the late Incoronata Russoniello ("the Deceased"), the Plaintiff receive a legacy in the sum of $20,000, such legacy not to bear interest if paid on or before 9 August 2006, and if not so paid to bear interest at the rates prescribed for unpaid legacies by the Wills, Probate and Administration Act 1898. (2). I order that the costs of the Plaintiff on the party and party basis, and the costs of the Defendants on the indemnity basis be paid out of the estate of the Deceased. (3). The exhibits (other than exhibit A) may be returned.

CATCHWORDS : Succession. Family Provision. Claim by adult stepson. Financial and material circumstances of Plaintiff. Obligation upon applicant for provision to place before the Court as fully and as frankly as possible all available information concerning his financial and material circumstances. Asserted needs of Plaintiff. Whether Plaintiff has been left without adequate provision for his maintenance. Plaintiff must establish his claim upon its own merits.

LEGISLATION CITED : Family Provision Act 1982 Wills, Probate and Administration Act 1898

Blore v Lang (1960) 104 CLR 124 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 79 ALJR 731

Pompeo Russoniello (Plaintiff) PARTIES : Ubaldo Russoniello (First Defendant) Rosetta Russoniello (Second Defendant)