NSW Caselaw
New South Wales Supreme Court
CITATION : Harris v Mills [2009] NSWSC 339
HEARING DATE(S) : 9 December 2008
JUDGMENT DATE : 30 April 2009
JUDGMENT OF : McLaughlin AsJ
1. I order that, in lieu of the benefits given to him by the will of the late Doreen Harris ("the Deceased"), the Plaintiff receive the entirety of the estate of the Deceased absolutely, apart from the gifts and legacies provided in clause 3 (a), (b), (d) and (e) of the said will. DECISION : 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 - claim by widower, aged 82 - marriage of 49 years - Plaintiff was given a conditional right of residence in matrimonial home - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for his proper maintenance - competing claims of other beneficiaries.
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19
PARTIES : Frederick Alfred Harris (Plaintiff) William Mills (Defendant)
FILE NUMBER(S) : SC 2055 of 2008
COUNSEL : Mr M. Gorrick and Mr T. Evers (Plaintiff) Mr R. Weaver (Defendant)
SOLICITORS : Higgins & Dix (Plaintiff) Higgins & Higgins (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
ASSOCIATE JUSTICE McLAUGHLIN
Thursday, 30 April 2009
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