Re Estate Di Meglio; Di Meglio v Carle [2018] NSWSC 1690

Supreme Court New South Wales

Medium Neutral Citation: Re Estate Di Meglio; Di Meglio v Carle [2018] NSWSC 1690 Hearing dates: 4, 5, 6 and 7 September 2018 Decision date: 04 December 2018 Jurisdiction: Equity - Family Provision List Before: Lindsay J Decision: Family provision order to be made in favour of the plaintiff, the effect of which is to increase by about $50,000 the provision made for him under the will of the deceased Catchwords: SUCCESSION – Family provision and maintenance – Extension of time for making an application – Plaintiff is an incapable person in need of a tutor – Defendant was for some time financial manager of the plaintiff – No prejudice flowing from extension of time – Extension granted

SUCCESSION – Family provision and maintenance – Application by adult child under legal incapacity – Circumstances of the plaintiff require additional provision – Plaintiff currently entitled to an indeterminate fund held on trust – Testamentary trust replaced by provision paid to plaintiff's financial manager – Present provision for maintenance insufficient – Provision granted Legislation Cited: Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Probate and Administration Act 1898 NSW Uniform Civil Procedure Rules NSW Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Goodman v Windeyer (1980) 144 CLR 490

Osborne v Smith (1960) 105 CLR 153 Pontifical Society for the Propagation of the Faith v Scales (1962) 17 CLR 9 Sgro v Thompson [2017] NSWCA 327 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Guiseppe (Joe) Di Meglio by his Tutor the NSW Trustee First Defendant: Maria Grazia (Grace) Carle Second Defendant: Angela Flemming Third Defendant: Franchina (Frankie) Kain Representation: Counsel: Plaintiff: P Blackburn-Hart SC and DC Eardley Defendants: G Waugh SC and JEF Brown