Stewart v Antoniolli; Estate of Gladys Hodgson [2006] NSWSC 389

New South Wales Supreme Court

CITATION : Stewart v Antoniolli; Estate of Gladys Hodgson [2006] NSWSC 389

HEARING DATE(S) : 02/05/06

JUDGMENT DATE : 3 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 05/03/2006

DECISION : Direct counsel for the parties to bring in short minutes of order consistent with these reasons.

CATCHWORDS : FAMILY PROVISION - Claim by nephew who had been brought up as deceased's son - Applicant having financial needs - Bulk of estate left to deceased's friend who had received previous gift of land and had no competing financial need - Provision ordered - No question of principle.

LEGISLATION CITED : Family Provision Act 1982 (NSW)

Singer v Berghouse (1994) 181 CLR 201 CASES CITED : Golosky v Golosky NSWCA (unreported, 5 October 1993) Bladwell v Davis [2004] NSWCA 170 Lloyd-Williams v Mayfield (2005) 63 NSWLR 1

John Francis Stewart PARTIES : v Narelle Joy Antoniolli as executrix of the estate of the late Gladys Mary Burnham Hodgson

FILE NUMBER(S) : SC 1214/05

COUNSEL : Plaintiff: J Anderson Defendant: J Turnbull

SOLICITORS : Plaintiff: Jackson Smith Solicitors Defendant: Hosie & Partners, Solicitors

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION FPA LIST

WHITE J

Wednesday, 3 May 2006

1214/05 John Francis Stewart v Narelle Joy Antoniolli as executrix of the estate of the late Gladys Mary Burnham Hodgson

JUDGMENT

1 HIS HONOUR: This is an application for an order pursuant to s 7 of the Family Provision Act 1982 (NSW) that provision be made for the maintenance of the plaintiff out of the estate, or notional estate, of the late Gladys Mary Burnham Hodgson. In argument, the plaintiff also applied for provision to be made for his advancement in life.