NSW Caselaw
New South Wales Supreme Court
CITATION : Campbell v Chabert-McKay [2010] NSWSC 859 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 2, 3 and 4 December 2009
JUDGMENT DATE : 5 August 2010
JURISDICTION : Equity
JUDGMENT OF : White J
1. Order that the time for the plaintiff to apply for an order under s 7 of the Family Provision Act 1982 in relation to the estate of the late David McKay be extended up to and including 14 July 2008. DECISION : 2. Order that provision be made out of the notional estate of the late David McKay in favour of the plaintiff in the sum of $1,230,000. 3. Stand over the proceedings to a date to be fixed to determine which assets of the defendant should be designated as notional estate out of which such provision is to be made.
CATCHWORDS : SUCCESSION – family provision – claim by daughter of deceased – estate fully distributed to defendant – application under Family Provision Act, s 16 for extension of time to apply for provision out of estate – ascertaining whether there is sufficient cause for application being made out of time – whether defendant will suffer any relevant prejudice by the plaintiff's delay - SUCCESSION – family provision – whether order should be made designating property of defendant as notional estate – consideration of matters in Family Provision Act, ss 27 and 27 – meaning of "other special circumstances" justifying order – determination of amount of provision to be ordered
LEGISLATION CITED : Family Provision Act 1982 (NSW)
CATEGORY : Principal judgment
Alexander v Jansson [2010] NSWCA 176 Lewis v Lewis [2001] NSWSC 321 Massie v Laundy (Supreme Court of New South Wales, Young J, 7 February 1986 unreported, BC8601246) De Winter v Johnstone (Court of Appeal, 23 August 1995, unreported, BC9505226) Warren v McKnight (1996) 40 NSWLR 390 Dare v Furness (1998) 44 NSWLR 493 Ebert v Ebert [2008] NSWSC 1206 CASES CITED : Re Guskett (deceased) [1947] VLR 212 Re Lauer (deceased) [1984] VR 180 Bearnes v Bearnes-Hayes (Supreme Court of New South Wales, Young J, 7 May 1997, unreported) Cetojevic v Cetojevic [2006] NSWSC 431 Baker v R [2004] HCA 45; (2004) 223 CLR 513 Lloyd-Williams v Mayfield [2005] NSWCA 189; (2005) 63 NSWLR 1 Singer v Berghouse (No. 2) [1994] HCA 40; (1994) 181 CLR 201 Wentworth v Wentworth (1995) 37 NSWLR 703
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