Thompson v Sgro [2016] NSWSC 1869

Supreme Court New South Wales

Medium Neutral Citation: Thompson v Sgro [2016] NSWSC 1869 Hearing dates: 21 November 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Equity Before: Hallen J Decision: The Court orders:

(a) Having found that the Plaintiff is an eligible person; that the proceedings were commenced within time; and that the provision made for her in the Will of the deceased is inadequate for her proper maintenance or advancement in life, that she is to receive, in lieu of the provision made for her in the deceased's Will, a lump sum that equates to 40 per cent of the net proceeds of sale of the Greystanes property.

(b) The net proceeds of sale are to be calculated by deducting from the gross sale price, the costs and expenses of sale of the Greystanes property, including agent's commission, advertising costs, and the legal costs of sale as well as the legal costs of these proceedings, namely the Plaintiff's costs calculated on the ordinary basis, and the balance of the Defendant's costs, calculated on the indemnity basis.

(c) The Plaintiff's costs calculated on the ordinary basis of the proceedings, and the balance of the Defendant's costs, calculated on the indemnity basis, of the proceedings, are to be paid out of the estate of the deceased.

(d) The Defendant is to place the Greystanes property on the market for sale, as soon as is reasonably possible, but no later than 8 weeks from the date of making orders, or such other time as the parties are able to agree in writing.

(e) Provided that the amount to which the Plaintiff is entitled is paid within 7 days of completion of the sale of the Greystanes property, no interest is payable on the lump sum to be paid to her; otherwise, interest at the rate prescribed under s 84A(3) of the Probate and Administration Act 1898 (NSW) is payable from that date.