Doriana Mary Jones & Anor v Mauro Poletti [2014] NSWSC 715

Supreme Court New South Wales

Medium Neutral Citation: Doriana Mary Jones & Anor v Mauro Poletti [2014] NSWSC 715 Hearing dates: 31 March 2014 & 1 April 2014 Decision date: 04 June 2014 Jurisdiction: Equity Division Before: Slattery J Decision: Order for provision made in favour of the plaintiffs; such that they should each receive a legacy of $450,000 from the deceased's estate, together with forgiveness of the minor debts owed by each to the estate. Catchwords: SUCCESSION - family provision - application under Succession Act 2006, s 59 - deceased divorced during his lifetime leaves five children, three sons and two daughters - deceased conducts successful business conglomerate in which some of his sons were involved - deceased leaves the whole of his estate to two sons, with 85 percent to one of them - nothing left to either daughter - lengthy period of estrangement between each daughter and her father arising out of deceased's divorce from their mother - plaintiffs owe minor debts to the estate - whether adequate provision made for the proper maintenance, education and advancement of life of the plaintiffs - whether an order for provision should be made in the plaintiffs' favour, and if so in what form. Legislation Cited: Succession Act 2006 (NSW), ss 59, 100 Cases Cited: Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Hogan v Hogan [2013] NSWSC 1405 Lloyd Williams v Mayfield (2005) 63 NSWLR 1 Palmer v Dolman; Dolman v Palmer [2005] NSWCA 361 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Category: Principal judgment Parties: First Plaintiff: Doriana Mary Jones Second Plaintiff: Patrizia Mary Caterina Becker Defendant: Mauro Giuseppe Poletti Representation: Counsel: Plaintiffs: Mr L. Ellison SC Defendant: Dr C. Birch SC; Mr P. Silver Solicitors: Plaintiffs: Pamela Gaibrielle Suttor, L. Rundle & Co Defendant: Peter Baltins, Willis & Bowring File Number(s): 2012/294443 Publication restriction: No