MATHER v MATHER [2012] NSWSC 1142

Supreme Court New South Wales

Medium Neutral Citation: MATHER v MATHER [2012] NSWSC 1142 Hearing dates: 17, 18 September 2012 Decision date: 20 September 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: Parties to bring in Short Minutes Catchwords: FAMILY PROVISION - application by adopted son of deceased for further provision - no provision made for plaintiff in will of deceased - no dispute that plaintiff is an eligible person and should receive further provision - large estate- order for further provision made Legislation Cited: Succession Act 2006 NSW Family Provision Act 1982 NSW Cases Cited: Singer v Berghouse (1994) 181 CLR 201 Wentworth v Wentworth, Estate of G M Wentworth (unreported 14 June 1991) Kay v Archbold [2008] NSWSC 254 McGarth v Eves [2005] NSWSC 1006 Shearer v The Public Trustee NSWSC (unreported 23 March 1998) Gorton v Parks (1989) 17 NSWLR 1 Bosch v Perpetual Trustee Co Limited [1938] AC 463 Ellis v Leeder [1951] HCA 44; (1951) 82 CLR 645 Foley v Ellis [2008] NSWCA 288 Palmer v Dolman [2005] NSWCA 361 Wheatley v Wheatley [2006] NSWCA 262 Mayfield v Lloyd-Williams [2004] NSWSC 352 Lloyd-Williams v Mayfield [2005] NSWSC 189 Re Buckland [1966] VR 404 Category: Principal judgment Parties: Andrew Sinphet MATHER by his tutor Kerrie Patricia MATHER (Plaintiff) Christopher Andrew MATHER (1st Defendant) Howard Louis MATHER (2nd Defendant) Representation: L Ellison SC (Plaintiff) J B Whittle SC with B Townsend (Defendants) TressCox Lawyers (Plaintiff) Dettmann Longworth Lawyers (Defendants) File Number(s): 2010/00361681