NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Siddle v Ellis [2011] NSWSC 1169 Hearing dates: 20/09/11, 21/09/11 Decision date: 18 October 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: I dismiss the proceedings and will hear the parties on costs. Catchwords: WILLS AND ESTATES - family provision claim - age of claimant - claimant maintained by deceased before death; whether - claimant and his father lived with deceased prior to her death - claimant's father in defacto relationship with deceased - claimant was not dependant on deceased Legislation Cited: Administration and Probate Act 1928 (Vic) Family Provision Act 1982 Wills Probate Administration Act 1898 Testators Family Maintenance and Guardianship of Infants Act 1916 Cases Cited: Ball v Newey (1988) 13 NSWLR 489 Barrot, Re [1953] VLR 308 Basto v Basto (NSWSC, 8 September 1989, unreported) Benney v Jones (1991) 23 NSWLR 559 Brown v Faggoter (NSWCA, 13 November 1998, unreported) Churton v Christian (1988) 13 NSWLR 241 Dare v Furness (1998) 44 NSWLR 493 De Winter v Johnstone (Court of Appeal, 23 August 1995, unreported) Fancett v Ware (NSWSC, 3 June 1986, unreported) Fulop Deceased, Re (1987) 8 NSWLR 679 Guskett (deceased), Re [1947] VLR 212 Lewis v Lewis [2001] NSWSC 321 Massie v Laundy (NSWSC, 7 February 1986, unreported) McKenzie v Baddeley (NSWSC, 3 December 1991, unreported) Petrohilos v Hunter (1991) 25 NSWLR 343 Phillips v Quinton (NSWSC, 31 March 1988, unreported) Potter v Koester (Estate of the late Potter) [2011] NSWSC 601 Sherborne Estate: Vanvalen v Neaves, Re [2005] NSWSC 593 Singer v Berghouse (1994) 181 CLR 201 Williams v Legg (1993) 29 NSWLR 687 Category: Principal judgment Parties: Joshua Siddle by his tutor Etita Maria Uaiselle v Samantha Dawn Ellis Representation: Counsel: Mr M Willmott SC & Mr M Claridge for plaintiff Mr P Blackburn-Hart SC & Mr M Gorrick for defendant Solicitors: Kaz Portolesi Lawyers for plaintiff Broun Abrahams Burreket for defendant File Number(s): 2010/66831
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