Bindoff v The Trust Company (Australia) Ltd; Estate of the late Everitt Joseph Griffiths [2016] NSWSC 1100

Supreme Court New South Wales

Medium Neutral Citation: Bindoff v The Trust Company (Australia) Ltd; Estate of the late Everitt Joseph Griffiths [2016] NSWSC 1100 Hearing dates: 21 September 2015 - hearing; 12 & 26 October 2015 - orders made in chambers; and 31 March 2016 – orders for supplementary submissions made in chambers. Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction: Equity Before: Slattery J Decision: Adequate provision not made for plaintiff under the deceased's will. Plaintiff awarded a legacy of $1.36 million in addition to the Woodside Shares already given to her under the will. Catchwords: SUCCESSION – family provision – claim by adult daughter – substantial estate – deceased had two daughters – after a number of specific gifts most of estate given to older daughter and the children of the older daughter – younger daughter brings claim under Succession Act, s 59 – claimant conceded to be an eligible person under Succession Act, s 57 - whether adequate provision made for the maintenance and advancement in life of the plaintiff under the will of the deceased – if not, what provision should be made for the plaintiff. Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Succession Act 2006 (NSW), ss 57, 59 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Carey v Robson [2010] NSWCA 212 Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Friend v Brien and Anor [2014] NSWSC 613 Salmon v Osmond [2015] NSWCA 42 Slack v Rogan and Anor [2013] NSWSC 522 Smith v Johnson [2015] NSWCA 297 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Singh & Anor v Singh and Ors [2015] NSWSC 1457 Taylor v Farrugia [2009] NSWSC 801 Tchadovitch v Tchadovitch [2010] NSWCA 316 Category: Principal judgment Parties: Plaintiff: Helen Patricia Bindoff Defendant: The Trust Company (Australia) Ltd Representation: Counsel: Plaintiff: K. Morrissey; L. Clarke Defendant: L. Ellison SC