Wright v Gibbeson [2009] NSWSC 1367

New South Wales Supreme Court

CITATION : Wright v Gibbeson [2009] NSWSC 1367

HEARING DATE(S) : 02/12/2009 and 03/12/2009

JUDGMENT DATE : 8 December 2009

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

EX TEMPORE JUDGMENT DATE : 8 December 2009

DECISION : Paragraph 77

CATCHWORDS : Family Provision. Application by an 18 year old daughter who had little contact with deceased after age of 3 months. Order for provision varying results on intestacy to also increase provision for two other daughters of deceased.

PARTIES : Catherine Anne Wright v Helen Gibbeson

FILE NUMBER(S) : SC 6191/2007

COUNSEL : Mr P Bates & Miss P White for plaintiff Mr J Atkin for defendant

SOLICITORS : Gerard Malouf & Partners for plaintiff Browns the Family Lawyers for defendant

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

TUESDAY 8 DECEMBER 2009

6191/07 CATHERINE ANNE WRIGHT v HELEN GIBBESON

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late John Barry who died on 22 February 2006. The deceased was survived by his widow, the defendant, a child by a former relationship, the plaintiff, and two children from his marriage. Assets in the estate 2 The estate has been partly reduced to cash amounting to $538,185. The deceased also had a one-quarter share in a property at Hamlyn Terrace, his share being worth $110,000. These total $648,185. 3 There are debts owing on the Hamlyn Terrace property in the sum of $18,475, leaving an estate of $629,710. 4 The costs in the proceedings are substantial, in part due to changes in solicitors and in part due to additional work relating to the administration of the estate. They appear to be, on the plaintiff's part, $70,000; on the defendants part $80,000, a total of $150,000. This would leave a net estate of $479,710. 5 There is also a jointly held property at Ferndale Close, Wentworthville which was the deceased's former matrimonial home. It passed by survivorship to his widow, the defendant. It was subject to a mortgage of $85,000 which the defendant has since paid out from the moneys to which I am about to refer. 6 The deceased had superannuation and payments were made as follows: