Michael Edward Norris v Public Trustee of New South Wales & Anor [2008] NSWSC 179

New South Wales Supreme Court

CITATION : Michael Edward Norris v Public Trustee of New South Wales & Anor [2008] NSWSC 179

HEARING DATE(S) : 03/03/08, 04/03/08 JURISDICTION : Equity Division

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 4 March 2008

DECISION : Claim to provision dismissed

CATCHWORDS : Family Provision Act 1982 (NSW)

CASES CITED : Lloyd-Williams v Mayfield (2005) 63 NSWLR 1

Michael Edward Norris (Plaintiff) PARTIES : Public Trustee of New South Wales (First Defendant) Shirley Carolyn Norris-Bungate (Second Defendant)

FILE NUMBER(S) : SC 3284/07

COUNSEL : Ms E Cohen (Plaintiff) Ms K Welshman (First and Second Defendants)

SOLICITORS : Kerrisons The Law Firm (Plaintiff) Thurlow Fisher (First and Second Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Einstein J

Tuesday 4 March 2008 ex tempore Revised 5 March 2008

3284/07 Michael Edward Norris v Public Trustee of New South Wales & Anor JUDGMENT The proceedings 1 The plaintiff, Mr Michael Edward Norris seeks an order for his maintenance, education and advancement out of the estate or notional estate of his late father, Mr Edward Victor Norris, who died on 2 October 2006. Mr Norris was the only child of the deceased and his late mother who died on 8 September 2001. 2 The deceased was married at the date of his death to the second defendant, Shirley Carolyn Norris Bungate. They lived at a jointly owned property at Birrong in Sydney. 3 The deceased made his last will and testament on 18 March 2004. Probate of that will was granted to the Public Trustee on 15 December 2006. Terms of the will 4 Pursuant to the deceased's will, the second defendant received the entirety of the deceased's property. Estate assets 5 At the date of death the deceased owned the following assets: