| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL AND EQUITY DIVISION
PRACTICE COURT
S CI 2010 03060
IN THE MATTER of Part IV of the Administration and Probate Act 1958
- and -
IN THE MATTER of the Will and Estate of HUGH MCTEGGART, deceased
| CATHERINE TOBINA CORBETT | Plaintiff |
| v | |
| STATE TRUSTEES LIMITED | Defendant |
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JUDGE: | KYROU J | |
WHERE HELD: | MELBOURNE | |
DATES OF HEARING: | 21 October 2010 | |
DATE OF JUDGMENT: | 27 October 2010 | |
CASE MAY BE CITED AS: | Corbett v State Trustees Limited | |
MEDIUM NEUTRAL CITATION: | [2010] VSC 481 | |
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TESTATOR’S FAMILY MAINTENANCE – Application for an extension of time within which to make a claim under Part IV of the Administration and Probate Act 1958 for further provision from a deceased estate – Whether the applicant had a satisfactory explanation for the delay – Whether a claim by the applicant under Part IV would be hopeless and bound to fail – The applicant was a family friend of the deceased and had a relationship with him which was akin to that of niece and uncle – Application dismissed – Administration and Probate Act 1958, ss 91, 99.
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| APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Ms C H Sparke | Rudstein Kron Lawyers |
| For the Defendant | Ms C R McOmish | State Trustees Limited |
TABLE OF CONTENTS
Introduction and summary...................................................................................................... 1
Relationship between Mr McTeggart and Ms Corbett......................................................... 2
Affidavits of Ms Corbett and her daughters......................................................................... 2
Ms Corbett’s childhood relationship with the McTeggarts................................................. 3
Ms Corbett’s relationship with the McTeggarts after her marriage.................................... 4
Relationship between Mr McTeggart and Ms Morgan........................................................ 7
Dealings between Ms Corbett and State Trustees after Mr McTeggart’s death................ 8
Principles relevant to applications for extensions of time under s 99 of the Act............. 12
Satisfactory explanation for delay....................................................................................... 13
Prospects of success............................................................................................................. 13
Has Ms Corbett satisfactorily explained her delay?............................................................ 16
Is Ms Corbett’s claim for further provision out of the Estate hopeless?........................... 17
Factor (e): relationship between Mr McTeggart and Ms Corbett..................................... 17
Factor (f): Mr McTeggart’s responsibilities to Ms Corbett and Ms Morgan.................... 20
Factor (g): the size and nature of the Estate....................................................................... 20
Factor (h): financial resources and needs of Ms Corbett and Ms Morgan....................... 20
Factor (i): any disability of Ms Corbett or Ms Morgan..................................................... 21
Factor (j): Ms Corbett’s age................................................................................................ 22
Factor (k): Ms Corbett’s contribution to building up the Estate...................................... 22
Factor (l): benefits previously given to Ms Corbett or Ms Morgan.................................. 22
Factor (m): whether Mr McTeggart maintained Ms Corbett........................................... 22
Factor (n): liability of any person to maintain Ms Corbett............................................... 22
Factor (o): the character and conduct of Ms Corbett........................................................ 22
Factor (p): any other matter the Court considers relevant................................................ 23
Mr McTeggart’s promises to leave the Abbotsford house to Kelly and Candice....... 23
Prior wills....................................................................................................................... 23
Did Mr McTeggart have a responsibility to make provision for Ms Corbett?................. 24
Conclusion................................................................................................................................ 27
Proposed order.......................................................................................................................... 27
HIS HONOUR:
Introduction and summary
This is an application by the plaintiff, Catherine Corbett, under s 99 of the
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- AGLC
- Corbett v State Trustees Ltd [2010] VSC 481
- Case
- [2010] VSC 481
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the applicant had a satisfactory explanation for the delay in making the claim and whether the claim was hopeless and bound to fail. The court considered the nature of the relationship between the applicant and the deceased, the circumstances of the delay, and the prospects of success of the claim. The court noted that the applicant had been a family friend of the deceased and had a relationship with him which was akin to that of niece and uncle.
The court dismissed the application on the basis that the applicant had not provided a satisfactory explanation for the delay and that the claim was hopeless and bound to fail. The court found that the applicant had not provided a satisfactory explanation for the delay in making the claim, and that the delay was significant. The court also found that the applicant’s prospects of success in the claim were extremely low, given the nature of the relationship between the applicant and the deceased and the circumstances of the case. The court noted that the applicant had not provided any evidence to support her claim, and that there was no evidence to suggest that the deceased had made any promise or representation to provide for her in his will.
The court made no orders in relation to the application. The applicant was required to bear her own costs of the application.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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