Davy v Black [2011] NSWSC 1416

Supreme Court New South Wales

Medium Neutral Citation: Davy v Black [2011] NSWSC 1416 Hearing dates: 14/11/2011 Decision date: 16 November 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: 1. I order that the plaintiff receive a legacy out of the notional estate of the deceased referred to hereunder of $975,000, of which $500,000 has already been paid. 2. I order that the plaintiff's costs on the ordinary basis and the defendants' on an indemnity basis be paid or retained out of the notional estate designated hereunder. 3. I designate the following real estate, to the extent necessary to meet the legacy and the costs ordered to be paid, as notional estate of the deceased: (i) the property in Howe Street, Finley in the names of the defendants; (ii) the block of flats at Headford Street, Finley in the names of the defendants; (iii) the defendants' property at Tarakan Street, Wodonga; (iv) the defendants' property at Thomas Mitchell Drive, Wodonga; (v) the defendants' property at Bralgon Street, North Albury; (vi) the defendants' property at Hereford Street, Wodonga. 4.I reserve liberty to apply. 5. I order that the exhibits be returned. Catchwords: WILLS AND ESTATES - Succession Act 2006 - application for family provision order by daughter of deceased - plaintiff and first defendant both daughters of deceased -deceased left racehorse to defendant but died intestate as to residue of estate -transfers of assets to defendants during deceased's lifetime - further provision made for plaintiff Legislation Cited: Family Provision Act 1982 Succession Act 2006 Cases Cited: Lloyd-Williams v Mayfield [2005] NSWCA 189 Mayfield v Lloyd-Williams [2004] NSWSC 419 Singer v Berghouse (1994) 181 CLR 201 Category: Principal judgment Parties: Helen Margaret Davy (plaintiff) Jeanette Louise Black (first defendant) Noel James Black (second defendant) Representation: Mr R Colquhoun (plaintiff) Mr JB Whittle SC & Ms L Wilson (defendants) Stacks Forster (plaintiff) Lumleys (defendants) File Number(s): 2010/00230721