Ridge v Public Trustee [2006] NSWSC 400

New South Wales Supreme Court

CITATION : Ridge v Public Trustee [2006] NSWSC 400

HEARING DATE(S) : 3 May 2006

JUDGMENT DATE : 3 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Summons dismissed

CATCHWORDS : FAMILY PROVISION ACT - claim by adult son with some intellectual disability - brought by Protective Commissioner as tutor - small estate - plaintiff left so much of income from half share as required for benefit of plaintiff with resort to capital if required for welfare and happiness of plaintiff - no basis for claim

PARTIES : Wayne Ridge, by this tutor the Protective Commissioner of NSW (Plaintiff) The Public Trustee (Defendant)

FILE NUMBER(S) : SC 6839 of 2004

COUNSEL : Mr J E Armfield (Plaintiff) Mr A Hill (Defendant)

SOLICITORS : E H Tebbutt & Sons (Plaintiff) Brian Maher (Defendant)

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

WINDEYER J

WEDNESDAY 3 MAY 2006

6839/04 WAYNE RIDGE BY HIS TUTOR THE PROTECTIVE COMMISSIONER OF NSW v THE PUBLIC TRUSTEE

JUDGMENT

1 HIS HONOUR: The plaintiff seeks an order for increased provision out of the estate of his father, who died on 16 July 2003. The deceased left a will dated 21 February 2003, probate of which was granted to the Public Trustee on 26 August 2003. Under that will the deceased gave a legacy of $2,000 to Dunrussil Challenge Foundation Limited. He gave his household and personal effects to two of his sons, Allen Robert Ridge and Brian Harold Ridge. He gave his real estate property at Chester Hill as to one half for those two sons and as to the other one half on trust for his third son, Wayne Thomas Ridge, the plaintiff in this action. He also gave the residue of his estate to be held by the Public Trustee upon trust for the plaintiff. The terms of the trust are set out in the will.