Alison Jayne Gill and 2 Ors v Carolyn Smith [2007] NSWSC 832

New South Wales Supreme Court

CITATION : Alison Jayne Gill and 2 Ors v Carolyn Smith [2007] NSWSC 832

HEARING DATE(S) : 14, 19 and 20 June 2007

JUDGMENT DATE : 1 August 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that each Plaintiff receive from the notional estate of the late Michael John Gill ("the Deceased") a legacy in the sum of $100,000, each such legacy not to bear interest if paid on or before 1 September 2007, and if not so paid, to bear interest at the rates prescribed for unpaid legacies by the Wills, Probate and Administration Act 1898.; 2. I order that, to the extent of the totality of the foregoing legacies, the property situate at and known as 46 Lillihina Avenue, Cromer be designated as notional estate of the Deceased.; 3. I order that each of the aforesaid legacies be paid to the Public Trustee, to be held by him until each Plaintiff respectively attains the age of 18 years.; 4. I order that, in respect to each of the aforesaid legacies, the Public Trustee have a power of advancement in respect both to the corpus of such legacy and to the income thereon for the benefit each Plaintiff, until such Plaintiff attains the age of 18 years; 5. I reserve liberty to apply in respect to order 4 hereof.; 6. I order that the Defendant pay the costs of the Plaintiffs.; 7. I order that the maximum costs which the Plaintiffs may recover from the Defendant not exceed $40,000 and that such costs not include the costs of and incidental to following affidavits: affidavit of Judith Christine Gill sworn 10 June 2005; affidavit of Judith Christine Gill sworn 10 June 2006; affidavit of Wendy Lorraine Lambert sworn 19 June 2006; affidavit of Graeme Causon sworn 27 June 2006; affidavit of Nicola Estelle Causon sworn 29 June 2006.; 8. I direct the Registrar to transmit a copy of these reasons for judgment and orders herein to the Tutor for the Plaintiffs, Judith Christine Gill, 5 Mintwood Place, Molendinar 4214, Queensland; and to the Defendant, Carolyn Smith 46 Lillihina Avenue, Cromer 2099, New South Wales.; 9. The exhibits may be returned.