Campbell v Hemmings [2015] NSWSC 1592

Supreme Court New South Wales

Medium Neutral Citation: Campbell v Hemmings [2015] NSWSC 1592 Hearing dates: 22 October 2015 Decision date: 29 October 2015 Jurisdiction: Equity Before: Kunc J Decision: Order for provision made Catchwords: FAMILY PROVISION AND MAINTENANCE – Claim by adult only child where entire estate left to great grandchildren - Succession Act 2006, ss 59, 60, 66 Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Camernik v Reholc [2012] NSWSC 1537 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Verzar v Verzar [2014] NSWCA 45 West v Mann [2013] NSWSC 1852 Category: Principal judgment Parties: Denver Campbell (Plaintiff) Andrew Jackson Hemmings as executor of the will of John Bernard Jackson (First defendant) Kaine Anthony Devine as executor of the will of John Bernard Jackson (Second defendant) Representation: Counsel: M. Pringle (Plaintiff) G. Waugh and M. Fleeton (First and Second Defendants)

Solicitors: Bale Boshev Lawyers (Plaintiff) W.A. Baxter & Co. Pty Ltd (Defendants) File Number(s): 2013/381284 Publication restriction: No

Judgment

Summary 1. The plaintiff is Ms Denver Campbell. She is now 48 years old and is the only child of the late John Bernard Jackson ("Mr Jackson"). He died on 26 October 2013 at the age of 75. Without disrespect, I shall refer to the plaintiff and several others who feature in this judgment by their given names. 2. Mr Jackson made his will on 14 June 2011 (the "Will"). He made no provision for Denver and left almost his entire estate to two of his great-grandchildren, Rhiannon (now aged nearly 11) and Ashton (now aged 9). 3. In addition to Denver, Mr Jackson's partner, Ms Deanna Cummins, is the only eligible beneficiary in the estate. Family provision proceedings brought by Deanna have been settled. 4. Mr Jackson's estate (the "Estate") had a sworn value for probate of approximately $830,000. 5. By summons filed on 19 December 2015 Denver applies for provision out of the Estate under s 59 of the Succession Act 2006 (NSW) (the "Act"). Ms M. Pringle of Counsel appeared for Denver. Mr G. Waugh of Counsel appeared with Ms M. Fleeton of Counsel for the defendant executors of the Will, who are Mr Jackson's nephew and great-nephew. 6. The only matter in issue was the amount of provision that should be ordered for Denver. The Court has decided she should receive provision of $350,000. There will be a consequential adjustment to the rights of Rhiannon and Ashton.