Chong v Mo [2010] NSWSC 251

New South Wales Supreme Court

CITATION : Chong v Mo [2010] NSWSC 251

HEARING DATE(S) : 29, 30 October and 4 November 2009

JUDGMENT DATE : 1 April 2010

JUDGMENT OF : McLaughlin AsJ

1. I order that, in lieu of the benefit given to him under the will of the late Nelson Yi Hong Chong ("the Deceased"), the Plaintiff receive a legacy in the sum of $100,000. 2. I order that the sum of $60,000, being part of the aforesaid legacy, not bear interest if paid on or before 1 June 2010, and if not so paid, bear interest from that date at the rates prescribed for interest upon unpaid legacies by the Probate and Administration Act 1898. 3. I order that the home unit situate at Albert Road, Strathfield be designated notional estate of the Deceased, to the extent of the value of one half of such home unit. DECISION : 4. I order that so much of the foregoing legacy of $100,000 as has not already been paid, be paid out of the notional estate of the Deceased. 5. I order that, subject to order 7 hereof, 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 notional estate of the Deceased. 6. I order that the notice of motion filed by the Defendant on 29 April 2009 be dismissed. 7. I order that the Defendant pay the costs of the First Plaintiff and of Benjamin Barrak and of Barrak Lawyers of the aforesaid notice of motion filed by the Defendant on 29 April 2009, and that such costs be paid by the Defendant personally and that she not be entitled to have recourse to the estate and/or the notional estate of the Deceased for the payment or recoupment of such costs or of her own costs of that notice of motion. 8. The exhibits may be returned.