Gifford v Nicholl [2016] NSWSC 1460

Supreme Court New South Wales

Medium Neutral Citation: Gifford v Nicholl [2016] NSWSC 1460 Hearing dates: 4 and 5 October 2016 Decision date: 06 October 2016 Jurisdiction: Equity - Family Provision List Before: White J Decision: Parties to bring in short minutes of order in accordance with reasons. Catchwords: SUCCESSION — Family provision — Application for family provision order under Pt 3.2 of the Succession Act 2006 (NSW)— Whether adequate and proper provision not made in will of the deceased for the plaintiff — Plaintiff an adopted child of the deceased — No provision made for the plaintiff under the will of the deceased — Notional estate of deceased significant — Plaintiff and deceased estranged — Estrangement by itself does not terminate moral obligation of parent towards a child in financial need — Plaintiff has limited income and no savings — Plaintiff suffers various health conditions — Provision made by deceased in his lifetime for the plaintiff modest — No competing claims — Provision made for the plaintiff out of the notional estate of the deceased Legislation Cited: Succession Act 2006 (NSW) Probate and Administration Act 1898 (NSW) Cases Cited: Kleinig v Neal (No 2) [1981] 2 NSWLR 532 Wheatley v Wheatley [2006] NSWCA 262 Foley v Ellis [2008] NSWCA 288 Hughes v National Trustees Executors & Agency Co of Australasia Ltd (1979) 143 CLR 134 Kay v Archbold [2008] NSWSC 254 Haskakis v Hatzopoulos [2015] NSWSC 1408 Stott v Cook (1960) 33 ALJR 447 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9; [1962] HCA 19 Slack v Rogan; Palffy v Rogan (2013) 85 NSWLR 253; [2013] NSWSC 522 Wardy v Salier [2014] NSWSC 473 Category: Principal judgment Parties: Julie Anne Gifford (Plaintiff) Fang (Sandy) Nicholl Representation: Counsel: M Thompson (Plaintiff) M Pringle (Defendant)