Hampson v Hampson - Estate of the late Iris Willena HAMPSON [2010] NSWSC 217

New South Wales Supreme Court

CITATION : Hampson v Hampson - Estate of the late Iris Willena HAMPSON [2010] NSWSC 217 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 9, 10, 11 March 2010

JUDGMENT DATE : 26 March 2010

JUDGMENT OF : Bryson AJ at 1

2009/00287749: (1) Order that the plaintiff be allowed the period up to and including 27 February 2009 for her application. (2) Order that by way of provision for the plaintiff Lynne Michelle Hampson and in lieu of the provision made for her under the Will of the testatrix she be paid $300,000 out of the assets of the testatrix, with interest at six per cent per annum calculated from the date on which she vacates Lot 2. (3) Order that in the calculation of entitlements on distribution the provision of $300,000 be made available by charging $60,000 against the assets otherwise distributable to each of Gary Geoffrey Hampson, Donald William Hampson and Robert Keith Hampson and by charging $40,000 against the assets otherwise distributable to each of Ian Charles Hampson, Gaye Maree Devoy and Glen James Hampson. (4) Costs reserved. DECISION : (5) Order 1 of the orders of 7 April 2009 ceases to have effect. (6) Direct that the plaintiff Lynne Michelle Hampson give up occupation of Lot 2 when at least $50,000 of the provision hereby ordered shall have been paid to her; but she is not required to give up occupation before 28 days from the date of these orders. 2008/00281293: (1) Dismiss the proceedings with costs. (2) Order that the costs payable to the defendant under these orders be retained by him out of assets otherwise distributable to Glen James Hampson. (3) Direct that Glen James Hampson give up occupation of Lot 12 by or before 28 days from the date of these orders.