Thompson v The Public Trustee of New South Wales [2010] NSWSC 1137

New South Wales Supreme Court

CITATION : Thompson v The Public Trustee of New South Wales [2010] NSWSC 1137

30 September 2010 HEARING DATE(S) : 1 October 2010 5 October 2010

JUDGMENT DATE : 14 October 2010

JUDGMENT OF : Hallen AsJ

1. The Plaintiff is an eligible person and there are factors warranting the making of his application. 2. In the circumstances of this case the Plaintiff, having received a lump sum of $5,000 in the Will, out of the deceased's estate, has been left with inadequate provision for his proper maintenance and advancement in life. 3. The time for the making of the Plaintiff's application should be extended to the date of the filing of the summons. DECISION : 4. A lump sum, which equates to 7% of the net residue of the Estate, in addition to the provision made for him in the Will of the deceased, would be adequate, and proper, in all the circumstances. 5. The lump sum should not be paid to the Plaintiff in full. There should be paid, on his behalf, an amount that equates to no more than 1% of the net residue to enable him to purchase clothing and furniture. His debts should be paid also. If he requires an additional amount, that will be in the discretion of the trustee who should hold that balance on similar terms to the trust for the deceased's daughter. 6. As requested by counsel during final submissions, I shall not make any orders today, but shall allow the parties to have an opportunity to come to a precise arrangement as to what orders are to be made in accordance with these reasons. 7. Stand the matter over for two weeks for making the orders that the parties are able to agree upon. 8. If the parties cannot reach agreement on the appropriate orders, or the order for costs, I shall hear competing submissions on the adjourned date.