Peterson v McCrohon [2013] NSWSC 144

Supreme Court New South Wales

Medium Neutral Citation: Peterson v McCrohon [2013] NSWSC 144 Hearing dates: 3-4 December 2012 Decision date: 12 February 2013 Jurisdiction: Equity Division Before: Macready AsJ Decision: 1. I order that the plaintiff receive a legacy of $100,000 out of the estate of the deceased. 2. Subject to any submissions to the contrary in the next two days, the plaintiff's costs on the ordinary basis and the defendant's costs on an indemnity basis shall be paid out of the estate of the deceased. 3. Interest to run on the legacy at the rate provided for in the Probate and Administration Act 1898 within one month of today's date. 4. Subject to the solicitors retaining the exhibits for the appeal period, the exhibits may be returned. 5. Liberty to apply. Catchwords: SUCCESSION - family provision and maintenance - claim by stepdaughter - loss of contact in recent years not such as to deny provision Legislation Cited: Family Provision Act 1982 Probate and Administration Act 1898 Succession Act 2006 Cases Cited: Andrew v Andrew [2012] NSWCA 308 Foley v Ellis [2008] NSWCA 288 Kay v Archbold [2008] NSWSC 254 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Wheatley v Wheatley [2006] NSWCA 262 Category: Principal judgment Parties: Jacqueline Peterson (Plaintiff) Rosalie McCrohon (Defendant) Representation: Counsel: Plaintiff: S.A. Benson Defendant: D. Reid Solicitors: Plaintiff: Turnbull Hill Lawyers Defendant: Herman & Green File Number(s): 2011/414104 Publication restriction: None