Lawrence v Campbell [2007] NSWSC 126

New South Wales Supreme Court

CITATION : Lawrence v Campbell [2007] NSWSC 126

HEARING DATE(S) : 19, 20, 21, 22 February 2007

JUDGMENT DATE : 20 March 2007

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 86

CATCHWORDS : Family Provision. Application under Family Provision Act by two children of deceased. Consideration of their relationship with deceased. Discussion of the amount of costs incurred being $290,000 in an estate of only $600,000.

PARTIES : Edward Thomas Lawrence & Pamela Hay Louise Campbell

FILE NUMBER(S) : SC 2646 of 2004

COUNSEL : Mr JS Drummond for plaintiffs Ms E Cohen for defendant

SOLICITORS : Turner Freeman for plaintiffs Calvin Nelson & Co for defendant

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

Associate Justice Macready

Tuesday 20 March 2007

2646 of 2004 Edward Thomas Lawrence & Pamela June Hay v Louise Annabelle Campbell

JUDGMENT 1 His Honour: This is an application under the Family Provision Act 1982 in respect of the estate of the late Frederick Albert Hay who died on 2 January 2004 aged 86 years. The plaintiffs are two of the deceased's children who survived him. The defendant, who was his daughter by his second marriage, also survived him. There was also a child of the first marriage of the deceased Robert Arthur Frederick Hay who was born in about September 1938. No notice has been given to him, as he cannot be found notwithstanding that searches throughout Australia have been made. I am satisfied that it is impracticable to serve him with notice. The last will of the deceased 2 The deceased made his last will on 4 August 1978 and in the events which have followed, namely, the death of his second wife on 9 August 1993, the whole of his estate passed to the defendant. She was appointed executrix of the estate.