Anne Stephanie Wright -v- Public Trustee [2007] NSWSC 892

New South Wales Supreme Court

CITATION : Anne Stephanie Wright -v- Public Trustee [2007] NSWSC 892

HEARING DATE(S) : 29, 30 March 2007 23 April 2007

JUDGMENT DATE : 15 August 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that, in addition to the benefit given to her by the will of the late Frederick Pickford Gordon ("the Deceased"), the Plaintiff receive a further legacy in the sum of $50,000, such further legacy not to bear interest if paid on or before 15 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 the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. 3. The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by adult daughter. Financial and material circumstances of Plaintiff. Estrangement between Plaintiff and Deceased. Plaintiff seeks an amount sufficient to purchase a residence. Plaintiff not so entitled.

LEGISLATION CITED : Family Provision Act 1982

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

PARTIES : Anne Stephanie Wright (Plaintiff) Public Trustee (Defendant)

FILE NUMBER(S) : SC 1955 of 2006

COUNSEL : Mr S. Benson (Plaintiff) Mr L. Ellison SC (Defendant)

SOLICITORS : Downie & Co (Plaintiff) Antony John Sutton, Solicitor for the Public Trustee (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION