NSW Caselaw
New South Wales Supreme Court
CITATION : Mayfield v Public Trustee [2009] NSWSC 330
HEARING DATE(S) : 3 and 4 December 2008
JUDGMENT DATE : 29 April 2009
JUDGMENT OF : McLaughlin AsJ
1. I order that the summons be dismissed. DECISION : 2. I order that the Plaintiff 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 recoup from the estate of the late Gordon Ernest Mayfield ("the Deceased") the difference between the foregoing costs which he may recover from the Plaintiff and the costs of the Defendant on the indemnity basis. 4 The exhibits may be returned.
CATCHWORDS : SUCCESSION - family provision - claim by adult son - financial and material circumstances of Plaintiff - obligation upon Plaintiff to provide that information as fully and as frankly as possible - whether Plaintiff has been left without adequate provision for his proper maintenance - competing claims of beneficiaries (grandchildren of Deceased).
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
Amory v Delamirie ("the Chimney Sweepers Case") (1722) 1 Strange 505; 93 ER 664 CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19
PARTIES : William David Mayfield (Pllaintiff) Public Trustee (Defendant)
FILE NUMBER(S) : SC 3138 of 2007
COUNSEL : Mr R. Wilson (Plaintiff) Mr M. Gorrick (Defendant)
SOLICITORS : A P Sparke & Broad + Goodmans (Plaintiff) Anthony Lentini, Solicitor for the Public Trustee (Defendant)
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