Pletersky v Pletersky [2012] NSWSC 277

Supreme Court New South Wales

Medium Neutral Citation: Pletersky v Pletersky [2012] NSWSC 277 Hearing dates: 19 March 2012 Decision date: 27 March 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: (a) 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 she is to receive a lump sum of $90,000. (b) Orders to be made designating property as notional estate but at the request of the parties an opportunity is given to them to reach agreement on both the form of the orders and the burden of costs. (b) The parties are to bring in short minutes that reflect these reasons. If agreement is not reached on the terms of the orders, there may be further short argument. (c) The matter will be adjourned to a date suitable to the parties and the Court no later than 14 days from the date hereof. Catchwords: SUCCESSION - Claim by daughter of the deceased for a family provision order under Succession Act 2006 - Defendant a son of the deceased and the executor named in Will of the deceased, to whom Probate was granted, who opposes Plaintiff's claim - Whether provision made for Plaintiff is adequate - Competing claim by Defendant - Only notional estate of small value Legislation Cited: Family Provision Act 1982 Property (Relationships) Act 1984 Succession Act 2006 Succession Amendment (Family Provision) Act 2008 Practice Note SC Eq 7 Cases Cited: Allardice, In re, Allardice v Allardice (1909) 29 NZLR 959 In re Allen (Dec'd); Allen v Manchester [1922] NZLR 218 Blore v Lang (1960) 104 CLR 124 Bondelmonte v Blanckensee [1989] WAR 305 In re Allen (Dec'd); Allen v Manchester [1922] NZLR 218 Buckland deceased, Re [1966] VR 404 Clayton (dec'd), Re [1966] 1 WLR 969 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 Dugac v Dugac [2012] NSWSC 192 Edgar v Public Trustee for the Northern Territory [2011] NTSC 5 Foley v Ellis [2008] NSWCA 288 Goodman v Windeyer (1980) 144 CLR 490 Gorton v Parks (1989) 17 NSWLR 1 Hawkins v Prestage (1989) 1 WAR 37 Hughes v National Trustees, Executors and Agency Co of Australasia Ltd [1979] HCA 2; (1979) 143 CLR 134 Kay v Archbold [2008] NSWSC 254 Kembrey v Cuskelly [2008] NSWSC 262 Kleinig v Neal (No 2) (1981) 2 NSWLR 532 McCosker v McCosker (1957) 97 CLR 566 McGrath v Eves [2005] NSWSC 1006 Mayfield v Lloyd-Williams [2004] NSWSC 419 Pontifical Society for the Propagation of the Faith v Scales [1962] HCA 19; (1962) 107 CLR 9 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, Young J, 17 May 1996, unreported) Category: Principal judgment Parties: Wilma Bernadette Pletersky (Plaintiff) Milan Darko Pletersky (Defendant) Representation: Counsel: Mr R Quickenden (Plaintiff) Mr B Skinner (Defendant) Solicitors: Fitzpatrick Solicitors Pty Ltd (Plaintiff) Alison Butler & Associates (Defendant) File Number(s): 2011/52891