NSW Caselaw
New South Wales Supreme Court
CITATION : Rogers v Roe (Estate of the Late Irene Clipsham) [2010] NSWSC 1141 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 29/09/2010
JUDGMENT DATE : 1 October 2010
JURISDICTION : Equity Division
JUDGMENT OF : Macready AsJ at 1
EX TEMPORE JUDGMENT DATE : 1 October 2010
1. In lieu of the provision of clause 3 of the will the estate of the deceased be held for the plaintiff and the defendant equally. DECISION : 2. The plaintiff's costs on an ordinary basis and the defendant's costs on an indemnity basis be paid or retained out of the estate of the deceased. 3. I decline to order that the plaintiff's costs be on an indemnity basis.
CATCHWORDS : Family Provision - Claim by a daughter left out of will - Very small estate - Held Estate should pass to both daughters equally
LEGISLATION CITED : Family Provision Act 1982 (NSW)
CATEGORY : Principal judgment
Bosch v Perpetual Trustee Co Ltd [1938] AC 463 Ellis v Leeder (1951) 82 CLR 645 Foley v Ellis [2008] NSWSC 288 CASES CITED : Palmer v Dolman [2005] NSWCA 361 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Wentworth v Wentworth, estate of G M Wentworth (Unreported, NSWSC, Bryson J, 14 June 1991) Wheatley v Wheatley [2006] NSWCA 262
PARTIES : Plaintiff - Elizabeth Helen Rogers Defendant - Susan Irene Roe
FILE NUMBER(S) : SC 2010/73931
COUNSEL : Mr K Odgers for plaintiff Mr JA Trebeck for defendant
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