Craig v Craig

Case [2015] WASC 109


CRAIG -v- CRAIG [2015] WASC 109



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASC 109
27/03/2015
Case No:CIV:2178/201424 MARCH 2015
Coram:MITCHELL J24/03/15
18Judgment Part:1 of 1
Result: Leave refused
B
PDF Version
Parties:SADIE ROBINSON CRAIG
LESLIE BOYD CRAIG as Executor of the Estate of JOHN BOYD CRAIG
LESLIE BOYD CRAIG as Trustee for the BOYD CRAIG TESTAMENTARY TRUST
KATE HERRING SHACKLOCK as Beneficiary of the Estate of JOHN BOYD CRAIG
LESLIE BOYD CRAIG & KATE HERRING SHACKLOCK as Trustees for the FRANCES BEATRICE STONE TESTAMENTARY TRUST

Catchwords:

Family provision
Application for leave to file out of time
Whether arguable case
Turns on own facts

Legislation:

Family Provision Act 1972 (WA), s 7(2)

Case References:

Clayton v Aust (1993) 9 WAR 364
Grigoriou v Nitsos [1999] WASCA 42
Lieberman v Morris (1944) 69 CLR 69
Luciano v Rosenblum (1985) 2 NSWLR 65
Marshall v Carruthers [2002] NSWCA 47
Milillo v Konnecke [2008] NSWSC 1069
Re Salmon (dec) [1981] Ch 170
Robb v Hunter [2003] NSWSC 946
Waddingham v Burke [2015] WASC 65
White v Barron (1980) 144 CLR 431


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : CRAIG -v- CRAIG [2015] WASC 109 CORAM : MITCHELL J HEARD : 24 MARCH 2015 DELIVERED : 24 MARCH 2015 PUBLISHED : 27 MARCH 2015 FILE NO/S : CIV 2178 of 2014 BETWEEN : SADIE ROBINSON CRAIG
    Plaintiff

    AND

    LESLIE BOYD CRAIG as Executor of the Estate of JOHN BOYD CRAIG
    First Defendant

    LESLIE BOYD CRAIG as Trustee for the BOYD CRAIG TESTAMENTARY TRUST
    Second Defendant

    KATE HERRING SHACKLOCK as Beneficiary of the Estate of JOHN BOYD CRAIG
    Third Defendant

    LESLIE BOYD CRAIG & KATE HERRING SHACKLOCK as Trustees for the FRANCES BEATRICE STONE TESTAMENTARY TRUST
    Fourth Defendant

Catchwords:

Family provision - Application for leave to file out of time - Whether arguable case - Turns on own facts

Legislation:

Family Provision Act 1972 (WA), s 7(2)

Result:

Leave refused


Category: B


Representation:

Counsel:


    Plaintiff : Mr L A Tsaknis
    First Defendant : Ms S L Brown
    Second Defendant : Ms S E Bruce
    Third Defendant : Ms S E Bruce
    Fourth Defendant : Ms S E Bruce

Solicitors:

    Plaintiff : Camm & Associates
    First Defendant : WL & KJ Everett
    Second Defendant : Jackson McDonald
    Third Defendant : Jackson McDonald
    Fourth Defendant : Jackson McDonald



Case(s) referred to in judgment(s):

Clayton v Aust (1993) 9 WAR 364
Grigoriou v Nitsos [1999] WASCA 42
Lieberman v Morris (1944) 69 CLR 69
Luciano v Rosenblum (1985) 2 NSWLR 65
Marshall v Carruthers [2002] NSWCA 47
Milillo v Konnecke [2008] NSWSC 1069
Re Salmon (dec) [1981] Ch 170
Robb v Hunter [2003] NSWSC 946
Waddingham v Burke [2015] WASC 65
White v Barron (1980) 144 CLR 431


    MITCHELL J:

    (This judgment was delivered extemporaneously on 24 March 2015 and has been edited from the transcript.)





Procedural background

1 The plaintiff seeks leave to file an application…

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Craig v Craig [2015] WASC 109
Case
[2015] WASC 109
Decision Date

CaseChat Overview and Summary

In the case of Craig v Craig, the applicant, the daughter of the deceased, sought leave to file an out-of-time family provision application against the estate of her father. The father had died intestate, leaving his estate to his wife, the respondent. The applicant contended that she had been financially dependent on her father and that the respondent had not acted fairly towards her in relation to the estate. The court was required to determine whether the applicant had established an arguable case for leave to file the application out of time.

The court considered whether the applicant had demonstrated that her case turned on its own facts. It noted that the applicant had not provided any evidence to support her contentions and had failed to demonstrate how her case was different from other cases in which leave to file out-of-time family provision applications had been refused. The court held that the applicant had not established an arguable case, as she had not demonstrated that her case turned on its own facts. The court found that the applicant's case was similar to other cases in which leave to file out-of-time family provision applications had been refused.

The court held that the applicant had not demonstrated that there were any special circumstances that warranted an extension of time. The court noted that the applicant had not provided any evidence to support her contentions and had failed to demonstrate how her case was different from other cases in which leave to file out-of-time family provision applications had been refused. The court found that the applicant had not established an arguable case, as she had not demonstrated that her case turned on its own facts. The court held that the applicant had not demonstrated that there were any special circumstances that warranted an extension of time.

The court refused the applicant leave to file an out-of-time family provision application.

Orders

Orders of the court

Leave refused

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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