Cringle v Cringle [2018] NSWSC 1558

Supreme Court New South Wales

Medium Neutral Citation: Cringle v Cringle [2018] NSWSC 1558 Hearing dates: 17 September 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) The plaintiff's claim for provision out of the estate or notional estate of the deceased be dismissed. (2) The plaintiff's costs (to the extent that those costs are payable under the terms of whatever fee arrangements are in place with his current and/or former legal representatives notwithstanding his lack of success in these proceedings) be paid, on the ordinary basis, out of the estate of the deceased. (3) The defendants' costs be paid, on the indemnity basis, out of the estate of the deceased. Catchwords: SUCCESSION – Family provision and maintenance – Whether adequate provision for proper maintenance, education and advancement in life had not been made for the plaintiff by the deceased in her will – Held that adequate provision had been made – Application dismissed Legislation Cited: Family Provision Act 1982 (NSW) Succession Act 2006 (NSW), ss 57, 59, 60 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308 Carroll v Cowburn [2003] NSWSC 248 Collings v Vakas [2006] NSWSC 393 Faulkner v McLeod [2011] NSWSC 92 Foley v Ellis [2008] NSWCA 288 Foye v Foye [2008] NSWSC 1305 Fulton v Fulton [2014] NSWSC 619 Gardiner v Gardiner [2014] NSWSC 435 Hogan v Hogan [2013] NSWSC 1405 Leary v NSW Trustee and Guardian [2017] NSWSC 1113 Mann v Starkey [2008] NSWSC 263 McLean v Public Trustee [2001] NSWSC 970 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9; [1962] HCA 19 Estate of the late Anthony Marras (deceased) [2014] NSWSC 915 Sadiq v NSW Trustee and Guardian [2015] NSWSC 716 Sgro v Thompson [2017] NSWCA 326 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Singh v Singh [2015] NSWSC 1457 Slack v Rogan (2013) 85 NSWLR 253; [2013] NSWSC 522 Taylor v Farrugia [2009] NSWSC 801 Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11 Category: Principal judgment Parties: Jason Kenneth Cringle (Plaintiff) Gavin Francis Cringle (First Defendant) Marny Cringle (Second Defendant) Representation: Counsel: GW McGrath SC (Plaintiff) S Chapple (Defendants)