Drury v Sutton [2011] NSWSC 216

Supreme Court New South Wales

Medium Neutral Citation: Drury v Sutton [2011] NSWSC 216 Hearing dates: Tuesday 22 February 2011 Decision date: 28 March 2011 Before: Associate Justice Macready Decision: In my view the appropriate order is that Desmond receive a legacy of $100,000 and Patricia receive a legacy of $75,000 payable on the death of Judith. Catchwords: WILLS AND ESTATES - Family Provision - relationship with the deceased - Claim by two children - Turbulent relationship with the deceased - nature and extent of estate - only notional estate and the person having the benefit of the notional estate is suffering from cancer with a life expectancy of 12 months - Order for provision upon the death of the owner of the notional estate. Legislation Cited: Family Provision Act 1982 Wills Probate & Administration Act 1898 Cases Cited: Benney v Jones (1991) 23 NSWLR 559 Gorton v Parks (1989) 17 NSWLR 1 Hughes v Hughes (Court of Appeal unreported 6 June 1989) Palmer v Dolman; Dolman v Palmer [2005] NSWCA 361 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Savic v Kim [2010] NSWSC 1401 Singer v Berghouse [1994] HCA 40 Walker v Walker (New South Wales Supreme Court, 17 May 1996, unreported) Vigolo v Bostin [2005] HCA 11 AT 25 Nicholls v Hall [2007] NSWSC 356 Category: Principal judgment Parties: Desmond Cyril Drury & Patricia Buhagiar v Judith Ann Sutton Representation: Counsel: Ms L Doust - plaintiffs Mr M Lawson - defendant Solicitors: Haskard and Co - plaintiffs Shepherds the Family Law Specialists -defendant File Number(s): 2009/289134