Singer v United Israel Appeal Refugee Relief Fund & Ors [2013] NSWSC 1035

Supreme Court New South Wales

Medium Neutral Citation: Singer v United Israel Appeal Refugee Relief Fund & Ors [2013] NSWSC 1035 Hearing dates: 23 July 2013 Decision date: 23 July 2013 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [49] and [50] of judgment. Catchwords: SUCCESSION - wills, probate and administration - construction and effect of testamentary dispositions - whether direction to pay debts and testamentary expenses displaces s 46C(2) of the Probate and Administration Act 1898 - meaning of "pecuniary legacy" in Part 2 of Third Schedule of the Probate and Administration Act - contrast between specific gifts and pecuniary legacies - whether condition to gift causing gift to lapse should donee institute family provision proceedings is void as being contrary to public policy Legislation Cited: Probate and Administration Act 1898 Succession Act 2006 Testator's Family Maintenance and Guardianship of Infants Act 1916 (NSW) Cases Cited: Re Healey Deceased; Ebert v Healey [1968] 2 NSWLR 35 Ebert v Healey [1969] 2 NSWR 68 University of Western Australia v WA Trustee Executor and Agency & Co Ltd (1961) 105 CLR 71 In the Will of Gaynor [1960] VR 640 Lieberman v Morris (1944) 69 CLR 69 Barns v Barns [2003] HCA 9; (2003) 214 CLR 169 Re Chester (deceased) (1978) 19 SASR 247 Shah v Perpetual Trustee Co (1981) 7 Fam LR 97 Nathan v Leonard & Ors [2003] 4 All ER 198 Texts Cited: Woodman, Administration of Assets, 2nd ed Certoma, The Law of Succession in New South Wales, 4th ed Theobald on Wills, 17th ed Category: Principal judgment Parties: Simon James Singer (1st Plaintiff) Christopher John Beauchamp (2nd Plaintiff) United Israel Appeal Refugee Relief Fund (1st Defendant) Wolper Jewish Hospital (2nd Defendant) Emanuel School (3rd Defendant) Sir Moses Montefiore Jewish Home (4th Defendant) Robert Lawrence Gonda (5th Defendant) Nicola Gonda (6th Defendant) Danielle Gonda (7th Defendant) Antonia Gonda by her Tutor (8th Defendant)Maurice Harrison and Julius Fox as Executors of the Estate of the late Peter Fox (9th Defendant) Demilla Gonda (10th Defendant) Representation: Counsel: M S Willmott SC (Plaintiffs) P Menadue (3rd and 4th Defendants) D Murr SC (5th Defendant) G W McGrath SC (6th-8th Defendants) J Glass, solr (10th Defendant) Solicitors: David Landa Stewart Lawyers (Plaintiffs) Pigott Stinson (3rd Defendant) Abadee Dresdner & Freeman (4th Defendant) Makinson & d'Apice Lawyers (5th Defendant) Eastern Commercial Lawyers (6th-8th Defendants) Glass Goodwin Solicitors (10th Defendant) File Number(s): 2013/90207