McLeod v Radnidge [2009] NSWSC 1105

New South Wales Supreme Court

CITATION : McLeod v Radnidge [2009] NSWSC 1105

HEARING DATE(S) : 22 April 2009

JUDGMENT DATE : 16 October 2009

JUDGMENT OF : McLaughlin AsJ

1. I order that the time for the institution of these proceedings be extended up to and including 26 June 2008. DECISION : 2. I order that the Plaintiff receive from the estate of the late Valerie Joan Veronica McLeod ("the Deceased") a legacy in the sum of $100,000, such legacy not to bear interest if paid on or before 16 January 2010, and if not so paid, to bear interest at the rates prescribed for unpaid legacies by the Probate and Administration Act 1898. 3. I order that the costs of the Plaintiff on the party and party basis (such costs not to exceed $45,000) and the costs of the Defendant on the indemnity basis (such costs not to exceed $50,000) be paid out of the estate of the Deceased. 4. The exhibits may be returned.

CATCHWORDS : SUCCESSION - family provision - very small estate - intestacy -claim by adult foster son - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for his proper maintenance - competing claims of persons entitled to share estate upon intestacy - proceedings out of time - factors warranting making of application - inevitable that house property must be sold, if only to meet costs of proceedings.

Hunter v Hunter (1987) 8 NSWLR 573 CASES CITED : Re Fulop Deceased (1987) 8 NSWLR 679 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19

PARTIES : Matthew Lockwood McLeod (Plaintiff) Margaret Narelle Radnidge (Defendant)