Slater v Thorne [2011] NSWSC 279

Supreme Court New South Wales

Medium Neutral Citation: Slater v Thorne [2011] NSWSC 279 Hearing dates: 1 April 2011 Decision date: 08 April 2011 Jurisdiction: Equity Division - Probate List Before: Hallen AsJ Decision: 1. Having found that the Plaintiff is an eligible person and that the provision made for her in the Will of the deceased is inadequate, order that, in lieu of the provision made for the Plaintiff in the Will of the deceased, she is to receive out of his estate, a lump sum of $200,000. 2. Order that the lump sum should be paid, as to $150,000, within 28 days, and as to the balance, within 28 days thereafter, failing which, interest on any amount not so paid, should be paid, such interest to be calculated at the rate prescribed on unpaid legacies, from that date until the date of payment. 3. Order that the burden of the provision made for the Plaintiff be borne by the Defendant and that it shall constitute a charge on the Mt Kembla property until it is paid. 4. As requested, I defer making any order for costs until after these reasons are delivered and the parties have an opportunity to consider them. 5. Stand the proceedings over to a mutually convenient date for any argument as to costs. Catchwords: Application for family provision order under Chapter 3 of the NSW Succession Act 2006 - Plaintiff and Defendant only children of deceased Legislation Cited: Family Provision Act 1982 NSW Succession Act 2006 Succession Amendment (Family Provision) Act 2008 Cases Cited: Allardice, Allardice v Allardice, in re (1910) 29 NZLR 959 Blore v Lang [1960] HCA 73; (1960) 104 CLR 124 Bondelmonte v Blanckensee [1989] WAR 305 Bosch v Perpetual Trustee Co Ltd [1938] AC 463 Carey v Robson & Anor; Nicholls v Robson & Anor [2009] NSWSC 1142 Collins v McGain [2003] NSWCA 190 Cooper v Dungan (1976) 50 ALJR 539 Devereaux-Warnes v Hall [No 3] [2007] WASCA 235; (2007) 35 WAR 127 Foley v Ellis [2008] NSWCA 288 Goodman v Windeyer (1980) 144 CLR 490 Hawkins v Prestage (1989) 1 WAR 37 Kleinig v Neal (No 2) [1981] 2 NSWLR 532 McCosker v McCosker [1957] HCA 52 McGrath v Eves [2005] NSWSC 1006 McKenzie v Topp [2004] VSC 90 Mayfield v Lloyd-Williams [2004] NSWSC 419 Pontifical Society for the Propagation of the Faith v Scales [1962] HCA 19; (1961) 107 CLR 9 Puckridge (dec'd), in the Estate of (1978) 20 SASR 72 Samsley v Barnes [1990] NSWCA 161; (1991) DFC 95-100 Singer v Berghouse (No 2) [1994] HCA 40; (1994) 181 CLR 201 Stern v Sekers; Sekers v Sekers [2010] NSWSC 59 Stott v Cook (1960) 33 ALJR 447 Taylor v Farrugia [2009] NSWSC 801 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191 Walker v Walker (NSWSC, 17 May 1996, unreported) Worladge v Doddridge (1957) 97 CLR 1 Category: Principal judgment Parties: Maxine Thorne Slater (Plaintiff) Hayley Thorne (Defendant) Representation: Counsel: Mr R Wilson (Plaintiff) Mr D Liebhold (Defendant) Solicitors: Williamson Isabella (Plaintiff) Lough & Wells (Defendant) File Number(s): 2010/60207