Patricia Mary McCormick and Ors -v- Rosheen Mary O'Brien [2007] NSWSC 131

New South Wales Supreme Court

CITATION : Patricia Mary McCormick and Ors -v- Rosheen Mary O'Brien [2007] NSWSC 131

HEARING DATE(S) : 19, 23 and 24 October 2006

JUDGMENT DATE : 27 February 2007

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that the proceedings be dismissed; 2. I order that the Plaintiffs pay the costs of the Defendant on the party and party basis; 3. I order that Defendant be entitled to recoup from the estate of the late Teresa Gerard O'Brien ("the Deceased") the difference between her costs on the indemnity basis and the amount of the costs which she may recover pursuant to order 2 hereof; 4. The exhibits may be returned

CATCHWORDS : Succession. Family Provision. Claims by three adult daughters. Financial and material circumstances of each Plaintiff. Whether each Plaintiff has been left without adequate provision for her proper maintenance. Plaintiffs and Defendant are by will entitled to share residue of estate. Costs of present proceedings will largely exhaust that residue. Competing claim of Defendant.

LEGISLATION CITED : Family Provision Act 1982

Singer v Berghouse (1994) 181 CLR 201 at 208-210 CASES CITED : Vigolo v Bostin (2005) 221 CLR 191 Blore v Lang (1960) 104 CLR124 at 137

Patricia Mary McCormick (First Plaintiff) PARTIES : Maree Terese Peden (Second Plaintiff) Jacqueline Mary Hourigan (Third Plaintiff) Rosheen Mary O'Brien (Defendant)

FILE NUMBER(S) : SC 2462 of 2004

COUNSEL : Mr Michael Meek (Plaintiffs) Mr Martin Gorrick (Defendant)

SOLICITORS : Johnson & Sendall (Plaintiffs) G J Gooden (Defendant)