NSW Caselaw
New South Wales Supreme Court
CITATION : Skyllas v Public Trustee [2006] NSWSC 606
HEARING DATE(S) : 26, 27, 28 September 2005 and 9 March 2006 (written submissions to 6 June 2006)
JUDGMENT DATE : 21 June 2006
JURISDICTION : Equity Division
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : 3034 of 2002 Anastasia Skyllas v Public Trustee (1). I order that the summons be dismissed. (2). I stand the matter over to a date to be fixed by arrangement with my Associate for argument as to costs. 5689 of 2004 John Skyllas v Public Trustee (1). I order that the summons be dismissed. (2). I stand the matter over to a date to be fixed by arrangement with my Associate for argument as to costs. 6434 of 2004 Michael Skyllas by his tutor the Protective Commissioner of New South Wales v Public Trustee (1). I order that the summons be dismissed. (2). I stand the matter over to a date to be fixed by arrangement with my Associate for argument as to costs.
CATCHWORDS : Succession. Family Provision. Claims by estranged widow and two adult sons (one being a diable person). Financial and material circumstances of each Plaintiff. Whether each Plaintiff has been left without adequate provision for her or his proper maintenance. Each Plaintiff must establish her or his claim upon its own merits. Competing claims of Plaintiffs and another beneficiary. Death of one Plaintiff after hearing and before judgment. Effect of that death upon claims of surviving Plaintiffs.
LEGISLATION CITED : Family Provision Act 1982 Guardianship and Administration Act 1986 (Victoria)
Blore v Lang (1960) 104 CLR 124 CASES CITED : Singer v Berghouse [1994] 181 CLR 201 Vigolo v Bostin (2005) 79 ALJR 731
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