Lindsay John Hunt -v- Perpetual Trustee Company Limited and Anor [2007] NSWSC 411

New South Wales Supreme Court

CITATION : Lindsay John Hunt -v- Perpetual Trustee Company Limited and Anor [2007] NSWSC 411 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 27 and 28 November 2007

JUDGMENT DATE : 30 April 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1 I order that the proceedings be dismissed; 2 I order that the Plaintiff pay the costs of the Second Defendant; 3 The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by adult son. Under will Plaintiff receives one fourth of estate. Financial and material circumstances of Plaintiff. Obligation upon applicant for provision to place before the Court as fully and as frankly as possible all available information concerning his financial and material circumstances. Whether Plaintiff has been left without adequate provision for his proper maintenance. Competing claim of Second Defendant. Proceedings not instituted within the prescribed period. Estate fully distributed.

LEGISLATION CITED : Family Provision Act 1982

Blore v Lang (1960) 104 CLR 124 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191

Lindsay John Hunt (Plaintiff) PARTIES : Perpetual Trustee Company Limited (First Defendant) (Proceedings discontinued) Geoffrey Bernard Hunt (Second Defendant)

FILE NUMBER(S) : SC 5628 of 2005

COUNSEL : Mr J. Turnbull (Plaintiff) Mr G. Waugh (Second Defendant)

SOLICITORS : Hosie & Partners (Plaintiff) Glover & Glover (Second Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION