NSW Caselaw
New South Wales Supreme Court
CITATION : PORTHOUSE v BRIDGE [2007] NSWSC 686
HEARING DATE(S) : 28-29/06/2007
JUDGMENT DATE : 6 July 2007
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ at 1
DECISION : Provision $35,000: see [47]
CATCHWORDS : Adult son - step-son - no provision by deceased (aged 87) - estate about $440,00 to neighbour - stepson who left home about 37 to 40 years before death of testator and lived mostly interstate - issues of fact about membership of household and dependence - found, an eligible person - claimant aged 55, no capital assets (house, car or other), never married, rented accommodation, earnings sufficient for maintenance - appraisal of relationship - neighbour not in need - provision ordered $35,000 as reserve against contingencies.
LEGISLATION CITED : Family Provision Act 1982
Brown v Faggoter CA 13 November 1998 Coates v National Trustees, Executors and Agency Co. Ltd (1956) 95 CLR 494 Goodman v Windeyer (1980) 144 CLR at 502 Gorton v Parks (1989) 17 NSWLR 1 Kearns v Ellis (CA 5 December 1984 unreported) CASES CITED : Monaco v Keegan [2006] NSWSC 825 Munro v Lake (McLelland J 8 February 1991) Permanent Trustee Co Ltd v Fraser (1995) 36 NSWLR 24 Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191 Williams v Legg (16 March 1993 CA)
PARTIES : Anthony James Porthouse - Plaintiff Beverley Joyce Bridge - Defendant
FILE NUMBER(S) : SC 2944/2005
COUNSEL : M.K. Meek - Plaintiff M. Bradford - Defendant
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