NSW Caselaw
New South Wales Supreme Court
CITATION : Barnes v May [2007] NSWSC 1432
HEARING DATE(S) : 2 and 3 July 2007
JUDGMENT DATE : 11 December 2007
JUDGMENT OF : Associate Justice McLaughlin
DECISION : 1. I order that the proceedings be dismissed. 2. I order that the Plaintiffs 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 Leonard Adrian Powers ("the Deceased") the difference between the costs of the Defendant on the indemnity basis and the amount of the foregoing costs which she may recover from the Plaintiffs. 4. The exhibits may be returned.
CATCHWORDS : SUCCESSION - Family Provision - Claim by two adult step-children - Financial and material circumstances of Plaintiff - Whether each Plaintiffs has been left without adequate provision for his or her proper maintenance - Competing claim of Defendant, who is chief object of testamentary beneficence of Deceased - Plaintiffs must establish their claims upon their own merits - Their claims cannot be enhanced by establishing (if such be the case) that the Defendant, if she had been omitted from her father's will, would not have succeeded in a claim under the Family Provision Act.
LEGISLATION CITED : Family Provision Act 1982
Re Fulop Deceased (1987) 8 NSWLR 679 CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191
Steven Roy Barnes (First Plaintiff) PARTIES : Janice Brandon-Cramer (Second Plaintiff) Karyn Gai May (Defendant)
FILE NUMBER(S) : SC 1324 of 2006
COUNSEL : Mr L. Ellison SC (Plaintiffs) Mr M. Meek (Defendant)
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