NSW Caselaw
New South Wales Court of Appeal
CITATION: HASTINGS v HASTINGS [2010] NSWCA 197 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 17 June 2010
JUDGMENT DATE: 12 August 2010
JUDGMENT OF: McColl JA at 1; Basten JA at 2; Handley AJA at 42
DECISION: (1) Appeal dismissed. (2) Appellant to pay the respondent's costs of the appeal other than those of the respondent's application for security for costs determined by Macfarlan JA on 22 September 2009.
CATCHWORDS: APPEAL – civil – whether provision "ought" be made from the deceased's estate for "maintenance, education or advancement in life" for adult, able-bodied children – Family Provision Act 1982 (NSW) ss 7, 9 - APPEAL – civil – whether there is a moral or natural obligation to provide for adult, able-bodied children, sufficient to deprive parent of the unfetted right of testamentary disposition – ss 7, 9 - STATUTORY INTERPRETATION – principles – appellate review principles apply in relation to the test of adequacy of provision - WORDS AND PHRASES – "proper", "adequate" – Family Provision Act 1982 (NSW), s 9
Family Provision Act 1982 (NSW), ss 6, 7, 9 LEGISLATION CITED: Succession Act 2006 (NSW), Ch 3, Sch 1, Pt 3, cl 11 Succession Amendment (Family Provision) Act 2008 (NSW), s 5 Testator's Family Maintenance Act 1916 (NSW)
CATEGORY: Principal judgment
Bosch v Perpetual Trustee Co [1938] AC 463 Clifford v Mayr [2010] NSWCA 6 Goodman v Windeyer [1980] HCA 31; 144 CLR 490 House v The King [1936] HCA 40; 55 CLR 499 Hughes v National Trustees, Executors and Agency Co of Australasia Ltd [1979] HCA 2; 143 CLR 134 CASES CITED: Hunter v Hunter (1987) 8 NSWLR 573 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; 77 ALJR 1165 Singer v Berghouse [1994] HCA 40, 181 CLR 201 Stott v Cook (1960) 33 ALJR 447 Vigolo v Bostin [2005] HCA 11; 221 CLR 191
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