NSW Caselaw
New South Wales Supreme Court
CITATION : Stone v Stone [2008] NSWSC 1134
HEARING DATE(S) : 5 June 2008
JUDGMENT DATE : 29 October 2008
JUDGMENT OF : McLaughlin AsJ
1. I order that, in addition to the benefit given to him under the will and codicil of the late Noel Bertram Stone ("the Deceased"), the Plaintiff receive a further legacy in the sum of $60,000, such further legacy not to bear interest if paid on or before 29 December 2008, and if not so paid, to bear interest at the rates prescribed for unpaid legacies by the Probate and Administration Act 1898. DECISION : 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 son - Plaintiff given legacy of $10,000 - financial and material circumstances of the Plaintiff - whether Plaintiff has been left without adequate provision for his proper maintenance - competing claim of the residuary beneficiary (only other child of the Deceased) - nature and extent of relationship between Plaintiff and Deceased.
LEGISLATION CITED : Family Provision Act 1982
CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19
PARTIES : William John Stone (Plaintiff) Clifford Noel Stone (Defendant)
FILE NUMBER(S) : SC 2650 of 2007
COUNSEL : Mr J. Wilson SC (Plaintiff) Mr G. McNally SC (Defendant)
SOLICITORS : Slattery Thompson (Plaintiff) Colin Daley Quinn (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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