NSW Caselaw
New South Wales Supreme Court
CITATION : Worsley v Solomon [2008] NSWSC 444
HEARING DATE(S) : 20, 21 and 22 November 2007
JUDGMENT DATE : 9 May 2008
JUDGMENT OF : McLaughlin AsJ
1. I order that, in lieu of the benefit given to her by the will of the late Alfred Keith Solomon ("the Deceased"), the Plaintiff receive a legacy in the sum of $150,000, such legacy not to bear interest if paid on or before 9 July 2008, and if not so paid to bear interest at the rates provided for unpaid legacies by the Probate and Administration Act 1898. DECISION : 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.
CATCHWORDS : SUCCESSION - family provision - claim by adult daughter - financial and material circumstances of Plaintiff - relationship between Plaintiff and Deceased - statements by Deceased in his will - such statements, whilst admissible need not be unquestionably accepted as true - whether Plaintiff has been left without adequate provision for her proper maintenance - competing claim of Defendant - an order for provision is not made as a reward for services or good conduct - neither is it withheld as punishment for perceived bad conduct.
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
Blore v Lang (1960) 104 CLR 124 CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19
PARTIES : Robyn Anne Worsley (Plaintiff) Peter Robert Solomon (Defendant)
FILE NUMBER(S) : SC 5467 of 2006
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