Costello v Martens [2009] NSWSC 1151

New South Wales Supreme Court

CITATION : Costello v Martens [2009] NSWSC 1151

HEARING DATE(S) : 22, 23, and 24 October 2008 6 ,7, 28 April 2009

JUDGMENT DATE : 29 October 2009

JUDGMENT OF : McLaughlin AsJ

In each of proceedings: 1013 of 2007 MICHELLE LORRAINE BYRNES –v- ESME ELIZABETH MARTENS 2572 of 2007 JANINE ROBYN PEACOCK –v- ESME ELIZABETH MARTENS 1. I make orders in accordance with short minutes of order dated 28 April 2009, signed by the solicitors for the respective parties and initialled by me on that date. DECISION : 2. I direct that the short minutes be filed. 3. The exhibits may be returned. 2026 of 2007 TANYA COSTELLO –v- ESME ELIZABETH MARTENS 1. I order that the Plaintiff receive from the estate of the late William Alick Costello ("the Deceased") a legacy in the sum of $350,000, such legacy not to bear interest if paid on or before 29 January 2010, and if not so paid to bear interest at the rates prescribed for unpaid legacies by the Probate and Administration Act 1898. 2. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. 3. The exhibits may be returned.

CATCHWORDS : SUCCESSION - family provision - claims by three adult daughters - substantial estate - entirety of estate left to de facto partner of Deceased - claims by two of daughters compromised on sixth day of hearing - finanicl and material circumstances of remaining Plaintiff - lack of contact between Plaintiff and Deceased druing most of her adult life - whether Plaintiff has been left without adequate provision for her proper maintenance - claim by Plaintiff for provision for her advancement in life - competing claim of Deceased's de facto partner of 26 years - relevance of fact or amount of settlement of claims of other two daughters of Deceased.