William John Morris v Ken Murray; Louise Vergis v Soula Morris [2014] NSWSC 756

Supreme Court New South Wales

Medium Neutral Citation: William John Morris v Ken Murray; Louise Vergis v Soula Morris [2014] NSWSC 756 Hearing dates: 29 May 2014; 30 May 2014 Decision date: 10 June 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Order extending time for applicant in second proceedings to make application for provision. Order that provision for applicants in both proceedings be made out of out deceased's estate. Applicants' costs to be paid on the party/party basis. Catchwords: SUCCESSION - the applicants were the recipients of small legacies under the Will of their father - the residuary of estate was given to the defendant in the second proceedings, their sister - whether order for family provision should be made in favour of the applicants where the personal circumstances of the applicants have deteriorated dramatically since the time of the Will was made, and where the reasons stated within the Will for benefiting one child substantially more than the others are inaccurate as to the relative extent to which the deceased benefited his children throughout his lifetime. COSTS - costs amassed in the two proceedings unusually high - whether applicants' costs should be paid on party/party basis in order to reduce the extent to which residuary received by defendant in second proceedings will be reduced. Legislation Cited: Succession Act 2006 (NSW) s 59, s 59(1)(c) Cases Cited: Singer v Berghouse [1994] HCA 40; 181 CLR 201 Category: Costs Parties: William John Morris (plaintiff) Ken Murray (defendant) Louise Vergis (plaintiff) Soula Morris (defendant) Representation: Counsel: Mr Brown (plaintiff - William John Morris) Mr Rollison (defendant - Ken Murray) Mr Nguyen (plaintiff - Louise Vergis) Mr Rollison (defendant - Soula Morris) Solicitors: Koffels Solicitors & Barristers (plaintiff - William John Morris) Peter Papadopoulos & Co. Lawyers (defendant - Ken Murray) Legal and Company (plaintiff - Louise Vergis) Peter Papadopoulos & Co. Lawyers (defendant - Soula Morris) File Number(s): 2013/00198166; 2013/00210261 Publication restriction: None