FILLINGHAM v HARRISON & CARRETTE [2012] NSWSC 1145

Supreme Court New South Wales

Medium Neutral Citation: FILLINGHAM v HARRISON & CARRETTE [2012] NSWSC 1145 Hearing dates: 19 September 2012 Decision date: 05 October 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)That the plaintiff receive a legacy out of the estate of the deceased in the sum of $125,000.00; (2)The plaintiff's costs on the ordinary basis and the defendants' costs on the indemnity basis be paid or retained out of the estate of the deceased; (3)Interest is to run at the rate provided for under the Probate and Administration Act from one month from the date of these orders; (4)Exhibits may be returned subject to the solicitors' undertaking to retain them for the appeal period. Catchwords: WILLS AND ESTATES - family provision claim - competing claims or interests - contributions by the plaintiff - obligations owed by the deceased - relationship with the deceased - deceased's children joint beneficiaries - deceased and plaintiff separated for some years - whether informal property settlement at time of separation - whether deceased had a moral obligation towards the plaintiff Legislation Cited: Succession Act 2006 NSW Family Provision Act 1982 NSW Cases Cited: D'Albora v D'Albora [1999] NSWSC 468 Scott v Scott [2009] NSWSC 567 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Bosch v Perpetual Trustee Co Limited [1938] AC 463 Ellis v Leeder [1951] HCA 44; (1951) 82 CLR 645 O'Shaughnessy v Mantle (1986) 7 NSWLR 142 Andrew v Andrew [2012] NSWCA 308 Category: Principal judgment Parties: Lisa Louise FILLINGHAM (Plaintiff) Jodie-Ann HARRISON (1st Defendant) Henriette CARRETTE (2nd Defendant) Representation: L Ellison SC (Plaintiff) R D Wilson (Defendants) Butlers Will Dispute Lawyers (Plaintiff) Brazel Moore Lawyers (Defendants) File Number(s): 2011/340055