Sharon Ann McCarthy and Anor v Royce Alphonsus Dorney [2007] NSWSC 742

New South Wales Supreme Court

CITATION : Sharon Ann McCarthy and Anor v Royce Alphonsus Dorney [2007] NSWSC 742

HEARING DATE(S) : 15 and 16 March 2007

JUDGMENT DATE : 10 July 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that the summons be dismissed; 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 Olive Julia Lilia Dorney ("the Deceased") the difference between the costs of the Defendant on the indemnity basis and the amount of the foregoing costs which he may recover from the Plaintiffs; 4. The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by two adult grandchildren. Whether Plaintiffs are eligible persons. Whether Plaintiffs, who as infants resided with the Deceased for short periods, were partly dependent upon the Deceased. Whether there are factors warranting the making of the application. Financial and material circumstances of each Plaintiff. Competing claims of beneficiaries.

LEGISLATION CITED : Family Provision Act 1982

Re Fulop Deceased (1987) 8 NSWLR 679 Ball v Newey (1988) 13 NSWLR 489 CASES CITED : Petrohilos v Hunter (1991) 25 NSWLR 343 Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191

Sharon Ann McCarthy (First Plaintiff) PARTIES : Trevor Francis Dorney (Second Plaintiff) Royce Alphonsus Dorney (Defendant)

FILE NUMBER(S) : SC 5179 of 2005

COUNSEL : R. Colquhoun (Plaintiffs) G. Wilson (Defendants)

SOLICITORS : Walker Smith (Plaintiffs) Marshall & Partners (Defendant)