McDonald v McDonald [2008] NSWSC 1372

New South Wales Supreme Court

CITATION : McDonald v McDonald [2008] NSWSC 1372

HEARING DATE(S) : 21 and 22 July 2008

JUDGMENT DATE : 19 December 2008

JUDGMENT OF : McLaughlin AsJ

5322 of 2005 WILLIAM JOHN McDONALD and ORS –v- MARILYN ANN McDONALD 1. I order that William John McDonald receive a legacy in the sum of $20,000 out of the estate of the late John William McDonald ("the Deceased"), and that Sharon McDonald receive a legacy in the sum of $20,000 out of the estate of the Deceased, each such legacy not to bear interest if paid on or before 19 January 2009, and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the Probate and Administration Act 1898. 2. I order that the claim of Gwendoline McDonald be dismissed, and that there be no order in respect to the costs of the claim of Gwendoline McDonald, to the intent that she will bear her own costs thereof. 3. I order that the costs of William John McDonald and of Sharon McDonald on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. DECISION : 4. The exhibits may be returned. 5. I reserve liberty to any party to apply for an order in respect to the costs of the claim of Gwendoline McDonald. 5599 of 2005 LYNETTE McDONALD –v- MARILYN ANN McDONALD 1. I order that Lynette McDonald receive a legacy in the sum of $30,000 out of the estate of the late John William McDonald ("the Deceased"), such legacy not to bear interest if paid on or before 19 January 2009, and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the Probate and Administration Act 1898. 2. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. 3. The exhibits may be returned.