Thompson v Gamble; Gamble v Thompson [2010] NSWSC 878

New South Wales Supreme Court

CITATION : Thompson v Gamble; Gamble v Thompson [2010] NSWSC 878

HEARING DATE(S) : 30/07/10

JUDGMENT DATE : 30 July 2010

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 30 July 2010

57. In accordance with the orders sought in the Summons in the Estate proceedings the Court advices and directs pursuant to Trustee Act s 63 that the plaintiffs are at liberty to distribute the Estate of the Deceased, Keith Munro Gamble, without making any retention, or provision in respect of any contract of insurance, or reinsurance, underwritten by the deceased in the course of his business as an underwriting member of Lloyd's of London. 58. The orders I make by consent in the Family Provision Act proceedings in accordance with the short minutes of order are:- 1. Order that, in lieu of the provision made for the Plaintiff in Clause 3(a) of the Will of Keith Munro Gamble ("the Deceased"), the property known as Aquarius Apartment 33A, 4 Old Burleigh Road, Surfers Paradise, Queensland, be transmitted to the Plaintiff absolutely. 2. Order that, pursuant to s. 31 of the Family Provision Act 1982, the release contained in Paragraph 7 of the Deed between the Plaintiff, the Defendants and Anne Therese Church and Mary Louise Low ("the Deed") dated 17 May, 2010 be approved. 3. Order that the Defendants' costs, calculated on the indemnity basis, be paid out of the estate of the deceased. 4. Order that the Plaintiff's costs, calculated on the ordinary basis, be paid out of the estate. DECISION : 5. The Court notes, otherwise, the terms of the Deed. 6. The parties agree that: (a) The Plaintiff's Application filed in these proceedings was made within time; and (b) The Plaintiff is an eligible person; and (c) The Plaintiff has served a notice identifying all other eligible persons on the Executors at the time of serving the Summons; and (d) The Administrator has filed a copy of the Affidavit required by Supreme Court Rules Schedule J. (e) The Administrators have served notice of the Plaintiff's Claim on any person who, in the Administrators' opinion, may be an eligible person. (f) The Administrators have filed a Notice of Appearance.