Craig Simonetto & Anor v Mary Julienne Dick

[2014] HCASL 246

CRAIG SIMONETTO & ANOR

v

MARY JULIENNE DICK

[2014] HCASL 246
D1/2014

1. The applicants applied under the Family Provision Act (NT) for provision out of the estate of their grandfather, who died on 3 July 2010.

2. On 14 November 2013, the Supreme Court of the Northern Territory (Hiley J) dismissed the applicants' application for provision.  Hiley J was not satisfied that adequate provision was not available for the proper maintenance, education and advancement in life of either applicant.

3. On 3 July 2014, the Court of Appeal of the Supreme Court of the Northern Territory (Riley CJ, Southwood and Barr JJ) dismissed the applicants' appeal from the decision of Hiley J.  The Court of Appeal considered each of the applicants' grounds of appeal and found no error on the part of Hiley J.

4. The applicants now seek special leave to appeal to this Court.  They require an extension of time within which to do so.  Only a short extension of time is required and the relevant delay appears to have been caused by a mistake on the part of the applicants' solicitor.  In the circumstances, an extension of time should be granted.

5. Nevertheless, an appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.  This application raises no question of principle for determination by the Court.  As noted by the Court of Appeal, its decision was governed by settled principles concerning appellate review of a discretionary decision.  Moreover, the asserted failure of Hiley J to have regard to certain evidence was addressed by the Court of Appeal.  The applicants' Draft Notice of Appeal identifies no reason to doubt the correctness of the Court of Appeal's decision.  Special leave is refused.

6. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.M. Kiefel
11 December 2014 P.A. Keane