NSW Caselaw
New South Wales Supreme Court
CITATION : Sherwood v Public Trustee [2007] NSWSC 1365
HEARING DATE(S) : 28 June 2007 (written submissions to 3 July 2007)
JUDGMENT DATE : 29 November 2007
JUDGMENT OF : Associate Justice McLaughlin
DECISION : 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 out of the estate of the late Beatrice Mary Ann Hunt ("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 Plaintiff. 4. The exhibits may be returned.
CATCHWORDS : SUCCESSION - Family Provision. Claim by adult granddaughter. Financial and material circumstances of Plaintiff. Whether Plaintiff has been left without adequate provision for her proper maintenance. Proceedings instituted almost14 years out of time. Application for extension of time. Whether estate has been fully distributed. Factors warranting the making of the application. Competing claims of other beneficiaries.
LEGISLATION CITED : Family Provision Act 1982
Easterbrook v Young (1977) 136 CLR 308 CASES CITED : Re Fulop Deceased (1987) 8 NSWLR 679 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191
PARTIES : Mary- Ann Ava Sherwood (Plaintiff) Public Trustee (Defendant)
FILE NUMBER(S) : SC 1319 of 2006
COUNSEL : Ms M. Bridger (Plaintiff) Mr A. Hill (Defendant)
SOLICITORS : Bilbie Dan (Plaintiff) Mr A. Lentini, Solicitor for the Public Trustee (Defendant)
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