Dannawi v Dannaway [2019] NSWSC 1287

Supreme Court New South Wales

Medium Neutral Citation: Dannawi v Dannaway [2019] NSWSC 1287 Hearing dates: 16, & 17 September 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff found to be an "eligible person" under Succession Act 2006, s 57(e). Factors warranting the making of the plaintiffs' application established. Plaintiff left without adequate provision for his proper maintenance, education and advancement in life. Award of a legacy of $80,000 to the plaintiff in substitution for the present provision for him under the will. Plaintiff's costs reserved pending argument about a costs capping order. Defendant's costs paid out of the estate. Catchwords: SUCCESSSION – claim for family provision – deceased dies without spouse or issue – deceased's will gives his estate in varying percentages to his surviving siblings, his nieces and his nephews – the plaintiff, one of the brothers of the deceased, receives 5 per cent of the deceased's estate – the plaintiff claims he is an "eligible person" under Succession Act, s 57(e) on the grounds that he was dependent upon the deceased and lived in the deceased's household – in the event that the plaintiff is found to be an eligible person under s 57(e), whether there are "factors warranting" the making of the plaintiff's application – whether adequate provision was not made for the plaintiff's proper maintenance, education and advancement in life under the deceased's will – what would an appropriate provision be for the plaintiff's proper maintenance, education and advancement in life. Legislation Cited: Charitable Trusts Act 1993 Succession Act 2006, Chapter 3, s 57(e) Uniform Civil Procedure Rules 2015, rule 7.11 Cases Cited: Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Re Fulop (deceased); Fulop v Public Trustee; Bide v Public Trustee (1987) 8 NSWLR 679 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Category: Principal judgment Parties: Plaintiff: Nabil Dannawi Defendant: Don Dannaway Representation: Counsel: Plaintiff: D. Reid Defendant: B. Skinner