Jeffery v Guider; Parry v Guider [2010] NSWSC 705

New South Wales Supreme Court

CITATION : Jeffery v Guider; Parry v Guider [2010] NSWSC 705

HEARING DATE(S) : 23 June 2010

JUDGMENT DATE : 2 July 2010

JUDGMENT OF : Ball J

1. That, in place of the gift made to the plaintiff in proceedings 2010/12473 by clause 3 of the will of Valerie Anne Barraclough (the deceased), the plaintiff receive 55 per cent of the net estate of the deceased after payment of all debts, expenses and costs and Mark Edward Keith Campbell receive 20% of the net estate. 2. The plaintiff in proceedings 2009/291030 be released from any claim the estate has in respect of the sum of $20,450 and jewellery belonging to the deceased that are in the plaintiff's possession. 3. The costs of the defendants on an indemnity basis be paid out of the estate of the deceased. DECISION : 4. The costs of the plaintiff in proceedings 2010/12473 on a party and party basis be paid out of the estate of the deceased. 5. The costs of the plaintiff in proceedings 2009/291030 in the sum of $20,000 be paid out of the estate. 6. Direct that, in the event that any party seeks a costs order other than the ones made, that application be made not later than 12 July 2010. 7. Direct that these orders not be entered before 19 July 2010.

CATCHWORDS : SUCCESSION - Family provision - adult son - adult daughter - costs order where plantiff only partially successful.

LEGISLATION CITED : Family Provision Act 1982

CATEGORY : Principal judgment

Re Fulop Deceased (1987) 8 NSWLR 679 Robinson v Tame (NSWCA, Kirby P, 9 December 1994, unreported) CASES CITED : Singer v Berghouse (No. 2) [1994] HCA 40 Taylor v Farrugia [2009] NSWSC 801 Vigolo v Bostin [2005] HCA 11