Taylor v Farrugia [2009] NSWSC 801

New South Wales Supreme Court

CITATION : Taylor v Farrugia [2009] NSWSC 801 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 1-4 June 2009 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 5 June 2009

DECISION : Orders for provision made in favour of plaintiffs upon undertaking that plaintiffs forgo any entitlement to their reserved portion under Maltese law, to the intent that the defendant be solely entitled to the Maltese assets.

CATCHWORDS : SUCCESSION - Family Provision - Private International Law – testator dies domiciled in Malta leaving estate in both NSW and Malta - Whether Court has jurisdiction to deal with assets of the estate - Held: Court only has jurisdiction to deal with immovable property of the deceased in NSW - Court may take into consideration assets held in Malta when making determination and Maltese law in relation to distribution of estate assets – FAMILY PROVISION - adult children – whether adequate provision made for proper maintenance, education and advancement in life - discretionary considerations - whether provision ought to be made out of estate for the applicants - whether testatrix failed in her duty to those that have a claim on her – Extension of time to make application - where some plaintiffs did not bring application within time - where plaintiffs awaiting information as to entitlements under will which defendant fails to provide – whether prejudice suffered by defendant in extending time - discretionary considerations - Held: absence of adequate information about entitlements under will is sufficient cause – no prejudice suffered by defendant in extending limitation period - discretionary considerations favour extension