Westwood v Quilty & Ors [2013] NSWSC 109

Supreme Court New South Wales

Medium Neutral Citation: Westwood v Quilty & Ors [2013] NSWSC 109 Hearing dates: 12,14.09.2012; 22,23,24,25.10.2012 Decision date: 01 March 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: Family provision orders to be made in favour of plaintiffs. Parties invited to make submissions about the form of orders to be made, and costs. Catchwords: SUCCESSION - family provision and maintenance - eligible person criteria - de facto relationship - whether family orders should be made - beneficiaries joined as parties in proceedings. Legislation Cited: Succession Act 2006 NSW Interpretation Act 1987 NSW Cases Cited: In the Will of W.F. Lanfear (Deceased) (1940) 57 WN (NSW) 181 at 183 Vasiljev v Public Trustee [1974] 2 NSWLR 497 at 503 White v O'Neill [2010] NSWSC 1193 at [30]-[33] Marando v Rizzo [2012] NSWSC 739 at [45]-[57] and [129] Simone Starr-Diamond v Talus Diamond [2012] NSWSC 675 at [75]-[78] Andrew v Andrew [2012] NSWCA 308 at [6] and [12]-[16] per Allsop P; [26]-[42] per Basten JA; and [68]-[70], [77]-[94], [97] and [101] per Barrett JA. Taylor v Farrugia [2009] NSWSC 801 at [57]-[58] Luciano v Rosenblum (1985) 2 NSWLR 65 at 69-70 Texts Cited: - Category: Principal judgment Parties: Jennifer Westwood, Jordan Anthony Ross, Madison Isabel Ross, Conner Alexander Ross, Siobhan Linette Ross (Plaintiffs) Russell Joseph Quilty, Bryan Sullivan, Jessica Margaret Quilty and Thomas Michael Quilty (Defendants) Representation: P O'Loughlin (Plaintiffs) CP Reeve, solicitor (3rd, 4th and 5th Plaintiffs) BJ Miller, solicitor (1st and 2nd Defendants) S Jacobs (3rd and 4th Defendants) Sewell Solicitors (Plaintiffs) Garland Hawthorne Solicitors (1st and 2nd Defendants) Troy Peisley Solicitor (3rd and 4th Defendants) File Number(s): 2011 / 103758