Cooper v McNeice; Munday v McNeice [2012] NSWSC 414

Supreme Court New South Wales

Medium Neutral Citation: Cooper v McNeice; Munday v McNeice [2012] NSWSC 414 Hearing dates: Friday 27 April 2012 Decision date: 27 April 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: Orders: 1. In lieu of the entitlements of the beneficiaries specified in the will of the deceased (a) the plaintiff Warren Fletcher Munday receive a bequest of the property of the deceased at Hilltop Avenue, Lake Heights; (b) the plaintiff Warren Fletcher Munday and the plaintiff Judith Cooper share the residue equally. 2. The defendant's costs on an indemnity basis and the plaintiff's on an ordinary basis be paid out of the estate of the deceased. 3. Reserve liberty to apply for any further argument as to costs, provided his Honour's associate is notified by next Tuesday 1 May 2012. Catchwords: FAMILY PROVISION. Claims by two children of deceased. Orders for provision made. No matter of principle. Legislation Cited: Family Provision Act 1982 Testators Family Maintenance Act Cases Cited: Basto v Basto (unreported, NSWSC, 8 September 1989) Chan v Tsui [2005] NSWSC 82 De Winter v Johnstone (unreported. NSWCA, 23 August 1995) Fancett v Ware (unreported, NSWSC, 3 June 1986) Massie v Laundy (unreported, NSWSC, 7 February 1986) McGrath v Eves [2005] NSWSC 1006 Phillips v Quinton (unreported, NSWSC, 31 March 1988) Re Guskett (deceased) [1947] VLR 212 Singer v Berghouse (1994) 181 CLR 201 Category: Principal judgment Parties: 2010/76645 (P) Judith Cooper (D) David Warren McNeice 2011/65448 (P) Warren Fletcher Munday (D) David Warren McNeice Representation: Counsel: M Thompson (for Ms Cooper) DJ Durston (for Mr Munday) M Bradford (for Mr McNeice) Solicitors: Gerard Malouf & Partners (for Ms Cooper) Autore & Associates (for Mr Munday) Thomas & Bisley Solicitors (for Mr McNeice) File Number(s): 2010/76645 Cooper v McNeice 2011/65448 Munday v McNeice