Khoury v The Public Trustee [2010] NSWSC 475

New South Wales Supreme Court

CITATION : Khoury v The Public Trustee [2010] NSWSC 475

HEARING DATE(S) : 15, 16 and 17 February 2010

JUDGMENT DATE : 18 May 2010

JUDGMENT OF : McLaughlin AsJ

1. I order that the time for the institution of these proceedings be extended up to and including the date of the filing of the summons herein. 2. I order that the Plaintiff receive from the estate of the late Martin James Haugh ("the Deceased") a legacy in the sum of $150,000. DECISION : 3. I order that 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 estate of the Deceased. 4. I stand the matter over to a date to be fixed by arrangement with my Associate for the bringing in of short minutes, which will have the effect that the benefit of the foregoing legacy be limited to the Plaintiff personally, and that the manner of the payment of that legacy be retained under the control of the Defendant, for the benefit of the Plaintiff personally. 5. The exhibits may be returned.

CATCHWORDS : SUCCESSION - family provision - intestacy - whether Plaintiff is an eligible person within paragraph (d) of definition - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for his proper maintenance - factors which warrant making of application - proceedings out of time - nature of provision to which Plaintiff is entitled.

LEGISLATION CITED : Family Provision Act 1982

CATEGORY : Principal judgment

Re Fulop Deceased (1987) 8 NSWLR 679 CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Walker v Walker [1996] NSWSC 188 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19