Stevenson v Public Trustee [2007] NSWSC 1464

New South Wales Supreme Court

CITATION : Stevenson v Public Trustee [2007] NSWSC 1464

HEARING DATE(S) : 6 July 2007

JUDGMENT DATE : 14 December 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 6286 of 2005 CRAIG JOHN STEVENSON –v- THE PUBLIC TRUSTEE; 1. I order that the summons be dismissed. 2. I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis. 3. I order that the Defendant be entitled to retain from the estate of the late John Cameron Simpson ("the Deceased") the difference between the costs of the Defendant on the indemnity basis and the foregoing costs which he may recover from the Plaintiff. 4. The exhibits may be returned. ; 1940 of 2006 PETER DAVID STEVENSON –v- THE PUBLIC TRUSTEE ; 1. I order that the summons be dismissed. 2. I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis. 3. I order that the Defendant be entitled to retain from the estate of the late John Cameron Simpson ("the Deceased") the difference between the costs of the Defendant on the indemnity basis and the foregoing costs which he may recover from the Plaintiff. 4. The exhibits may be returned.

CATCHWORDS : SUCCESSION - Family Provision - Intestacy - Claims by two adult sons of a former de facto spouse of Deceased - Whether each Plaintiff has been left without adequate provision for his proper maintenance - Whether there are factors which warrant the making of the applications - Claim by one Plaintiff is out of time - Competing claim of daughter of Deceased, who is entitled to entire estate upon intestacy.

LEGISLATION CITED : Family Provision Act 1982

CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19