Henderson v Lees [2014] NSWSC 1948

Supreme Court New South Wales

Medium Neutral Citation: Henderson v Lees [2014] NSWSC 1948 Hearing dates: Monday 24 November 2014 Date of orders: 24 November 2014 Decision date: 24 November 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Summons dismissed with costs. Catchwords: SUCCESSION – family provision and maintenance – application by adult son – where will leaves estate to plaintiff son of first marriage and deceased's surviving second partner equally – whether plaintiff left without adequate provision for proper maintenance, education and advancement – where plaintiff does not have present resources for contingencies – where plaintiff received substantial provision during the deceased's lifetime – where surviving partner contributed significantly to deceased's welfare during her lifetime – balancing moral obligation owed to adult child and partner – comparative needs positions of plaintiff and partner – held, equal distribution of estate not inappropriate Legislation Cited: (NSW) Family Provision Act 1982 (NSW) Succession Act 2006, s 59, s 60(2) Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 In the Estate of the Late Anthony Marras [2014] NSWSC 915 Re Fulop Deceased (1987) 8 NSWLR 679 Singer v Berghouse (No 2) (1994) 181 CLR 201 Stewart v McDougall (New South Wales Supreme Court, 19 November 1987, unreported) Taylor v Farrugia [2009] NSWSC 801 Vigolo v Bostin (2005) 221 CLR 191 Category: Principal judgment Parties: Russell Stephen Henderson (plaintiff) Lucille Lees (first defendant) Stanley Alfred Monroe (second defendant) Representation: Counsel: R J Brender with G E Babe (plaintiff) R D Wilson SC (defendants)