Plaska v Coffey [2014] NSWSC 1930

Supreme Court New South Wales

Medium Neutral Citation: Plaska v Coffey [2014] NSWSC 1930 Hearing dates: 23 September 2014 Date of orders: 10 December 2014 Decision date: 10 December 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1) The plaintiff's summons is dismissed. (2) The plaintiff is to bear his own costs of the proceedings. (3) The defendant's costs of the proceedings are to be paid out of the estate of the deceased on the indemnity basis (4) The parties are invited to make submissions as to what, if any, order should be made against the plaintiff in respect of the defendant's costs (5) Exhibits may be returned in accordance with the Rules Catchwords: SUCCESSION – family provision – application under s 59 Succession Act 2006 (NSW) – whether adequate provision made for applicant – adult applicant – applicant grandchild of deceased – applicant an eligible person in this case – estate inadequate to justify family provision order in favour of applicant – claim dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Succession Act 2006 (NSW) ss 3, 57(1)(e) 59 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allen v Allen [2012] NSWSC 140 Alexander v Jansson [2010] NSWCA 176 Aubrey v Kain [2014] NSWSC 15 Butler v Morris [2012] NSWSC 748 Grundel v Registrar-General (1990) 5 BPR 11,217 Harrisson v Skinner [2013] NSWSC 736 McCosker v McCosker (1957) 97 CLR 566 Underwood v Gaudron [2014] NSWSC 1055 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191 West v Mann [2013] NSWSC 1852 Category: Principal judgment Parties: Elvis Tom Plaska (plaintiff) Maria Coffey (defendant) Representation: Counsel: Plaintiff (self-represented) L Ellison SC/ A Hawkins (defendant)