Boniecki v Brown [2006] NSWSC 306

New South Wales Supreme Court

CITATION : Boniecki v Brown [2006] NSWSC 306

HEARING DATE(S) : 26 and 27 October 2005

JUDGMENT DATE : 20 April 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 Jerzy Boniecki (also known as George Boniecki) ("the Deceased"), the Plaintiff receive a legacy in the sum of $150,000, such legacy not to bear interest if paid on or before 20 July 2006, and if not so paid to bear interest at the rates prescribed for unpaid legacies by the Wills, Probate and Administration Act 1898, and that the burden of such legacy, if not payable out of residue, be borne by that part of the estate of the Deceased which under the terms of the aforesaid will is given to Polcul Foundation Limited. (2). I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. (3). The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by adult son. Financial and material circumstances of Plaintiff. Absence of contact between Plaintiff and Deceased for most of Plaintiff's life. Deceased abdicated all responsibilities for Plaintiff from time when Plaintiff was aged about 8. Whether Plaintiff has been left without adequate provision for his proper maintenance. Competing claims of other beneficiaries.

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

CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 79 ALJR 731

PARTIES : Zbigniew Krzystof Boniecki (Plaintiff) Noel Mockett Brown (Defendant)