Mannix and Nudd v Mannix [2008] NSWSC 1228

New South Wales Supreme Court

CITATION : Mannix and Nudd v Mannix [2008] NSWSC 1228

HEARING DATE(S) : 3 and 4 July 2008

JUDGMENT DATE : 21 November 2008

JUDGMENT OF : McLaughlin AsJ

2808 of 2007 WAYNE MANNIX –v- STEPHEN MANNIX 1. I order that, in addition to the benefit given to him by the will of the late Arthur Joseph Mannix ("the Deceased"), the Plaintiff receive a further legacy in the sum of $30,000, such legacy not to bear interest if paid on or before 5 December 2008 and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the 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. DECISION : 4. Reserve to the Defendant liberty to apply in respect of the costs of the Plaintiff. 3282 of 2007 RITA NUDD –v- STEPHEN MANNIX 1. I order that the Plaintiff receive from the estate of the late Arthur Joseph Mannix ("the Deceased") a legacy in the sum of $60,000, such legacy not to bear interest if paid on or before 5 December 2008 and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the Probate and Administration Act 1898. 2. I order that the costs of the Plaintiff on the party and party basis (such costs not to exceed $60,000) 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 a legacy of $10,000 - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for his proper maintenance - nature and extent of relationship between Plaintiff son and Deceased - statement of Deceased admissible in evidence - obligation upon applicant to place before the Court as fully and as frankly as possible all information concerning applicant's financial and material circumstances - competing claims of residuary beneficiaries (other children of Deceased) SUCCESSION - family provision - claim by de facto partner of at least nineteen years - no testamentary provision for de facto partner - whether de facto partner was still such at time of death of Deceased - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for her proper maintenance - competing claims of residuary beneficiaries (two children of Deceased) - obligation upon applicant to place before the Court as fully and as frankly as possible all information concerning applicant's financial and material circumstances - order capping costs of Plaintiff.