Sturits v Nicholls (No 2) [2011] NSWSC 865

Supreme Court New South Wales

Medium Neutral Citation: Sturits v Nicholls (No 2) [2011] NSWSC 865 Hearing dates: Monday 8 August 2011 Decision date: 15 August 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: Orders: 1. The plaintiff receive a legacy of $140,000 out of the estate of the deceased and forgiveness of any debt she owes the estate. 2. The plaintiff's costs on the ordinary basis and the defendant's costs on the indemnity basis are to be paid or retained out of the estate of the deceased. 3. Interest is to run on the legacy at the rate provided in the Probate and Administration Act 1989 from three months after the date of these orders. Catchwords: WILLS AND ESTATES - family provision claim - competing claims or interests - contributions by the plaintiff - obligations owed by deceased - relationship with the deceased - nature and extent of estate - charges on property - deceased's daughter sole beneficiary - daughter bankrupt - deceased severed joint tenancy with plaintiff prior to death - deceased and plaintiff living separately and apart under the one roof - plaintiff provided some financial support for deceased and cared for deceased until his death - whether deceased had a moral obligation towards plaintiff. Legislation Cited: Bankruptcy Act 1966 (Cth) Family Law Act 1975 (Cth) Family Provision Act 1982 Succession Act 2006 Cases Cited: Benney v Jones (1991) 23 NSWLR 559 Churton v Christian (1988) 13 NSWLR 241 Cross v Wasson [2009] NSWSC 378 Daemar v Industrial Commission of New South Wales (No 2) 22 NSWLR 178 Metherell v Public Trustee In Its Capacity As Executor of the Estate of the Late O'Shaughnessy v Mantle (1986) 7 NSWLR 142 Official Receiver in Bankruptcy v Schultz [1990] HCA 45 Palmer v Dolman; Dolman v Palmer [2005] NSWCA 361 Parsons v McBain (2001) 109 FCR 120 at 123 to 124 Patricia Helen Peek [2010] WASC 205 Pevsner. Re (1983) 68 FLR 254 Scott v Scott [2009] NSWSC 567 Silvia v Thompson (1989) 87 ALR 695 Singer v Berghouse (1994) 181 CLR 201 Sonenco (No 77) Pty Ltd v Silvia (1989) 24 FCR 105 at 112 and 117 Vigolo v Bostin [2005] HCA 11 Walker v Walker (New South Wales Supreme Court, 17 May 1996, unreported) Category: Principal judgment Parties: Sondra Sturits (plaintiff) Alan Richard Nicholls in his capacity as the Trustee in Bankruptcy of the Bankrupt Estate of Vikki Ann Sturits (defendant) Representation: Counsel Mr RD Wilson (for the plaintiff) Mr BF Skinner (for the defendant) Solicitors Wood Marshall Williams (for the plaintiff) McLean & Associates (for the defendant) File Number(s): 2010/128248