Foye v Foye [2008] NSWSC 1305

New South Wales Supreme Court

CITATION : Foye v Foye [2008] NSWSC 1305

HEARING DATE(S) : 14, 15 and 16 July 2008

JUDGMENT DATE : 9 December 2008

JUDGMENT OF : McLaughlin AsJ

1. I order that the summons be dismissed. DECISION : 2. I order that the Plaintiffs 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 recoup from the estate of the late David Whyte Foye ("the Deceased") the difference between the costs which she may recover from the Plaintiffs and the costs of the Defendant on the indemnity basis. 4. The exhibits may be returned.

CATCHWORDS : SUCCESSION - family provision - claim by adult son and adult daughter - will gives half of residue to first Plaintiff and nothing to second Plaintiff - financial and material circumstances of each Plaintiff - obligation upon an applicant for provision to disclose as fully and as frankly as possible all information concerning the applicant's financial and material circumstances - whether each Plaintiff has been left without adequate provision for that Plaintiff's proper maintenance - extent of contact between first Plaintiff and Deceased - absence of contact between second Plaintiff and Deceased - statement by Deceased setting forth reasons for excluding second Plaintiff from any testamentary benefit in his estate.

LEGISLATION CITED : Family Provision Act 1982

CATEGORY : Principal judgment

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

Edward Harold Foye (First Plaintiff) PARTIES : Patricia Vazzoler (Second Plaintiff) Beverly Anne Foye (Defendant)