NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sydney & Sydney [2012] NSWSC 350 Hearing dates: 21/03/12, 12/04/12 Decision date: 12 April 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)As the plaintiffs are the only persons with a claim on the deceased's bounty, I am satisfied that their circumstances are so bad that they should receive the whole of the estate equally between them. (2)There is no grant of administration in respect of the deceased's estate. In Cabban v Cabban [2010] NSWSC 1443 I dealt with this situation in respect of claims under the Succession Act 2006. (3)It seems to me that it is appropriate to make an order under s91(2) of the Succession Act 2006 in favour of Pamela Sydney. (4)I make orders in accordance with the short minutes which I will sign and date and place with the papers. (5)I note that Pamela Sydney and Matthew Sydney have given instructions that they are happy with the form of those orders which are appropriate given their circumstances. Catchwords: WILLS AND ESTATES - Succession Act 2006 - application for family provision order by the deceased's former de facto partner and her son - plaintiffs only person with a claim - extension of time needed for son - whole estate split equally Legislation Cited: Conveyancing Act 1919 Family Provision Act 1982 Succession Act 2006 Testators Family Maintenance and Guardianship of Infants Act 1916 Cases Cited: Basto v Basto (unreported NSWSC, 8 September 1989). Brown v Faggoter [1998] NSWCA 44 Cabban v Cabban [2010] NSWSC 1443 Churton v Christian (1988) 13 NSWLR 241 De Winter v Johnstone [1995] NSWCA 120 Fancett v Ware (unreported NSWSC, 3 June 1986) Lewis v Lewis [2001] NSWSC 321. Massie v Laundy (unreported NSWSC, 7 February 1986) Phillips v Quinton (unreported NSWSC, 31 March 1988) Re Fulop Deceased (1987) 8 NSWLR 679 Re Guskett (deceased) (1947) VLR 211 Singer v Berghouse (1994) 181 CLR 201 Category: Principal judgment Parties: Pamela Sydney & Matthew Sydney Representation: Counsel: Mr E White for plaintiffs Kristofferson Legal Services for plaintiffs File Number(s): 2010/407736
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