Cutting v Public Trustee for the Northern Territory (No 2)

Phillip Frederick Cutting sought an extension of time to bring a claim under the Family Provision Act (NT) in relation to the estate of his deceased wife, Janette Kathleen Griffin. The primary dispute was whether the Court should grant an extension of time for the plaintiff to bring a family provision claim and whether it should approve an agreement between the plaintiff and the executors of the deceased's will. The matter was heard in the Supreme Court of the Northern Territory.

The legal issues before the Court were whether the delay in bringing the claim should be excused, and if so, whether the evidence and other factual material would still be available to support the claim. Additionally, the Court had to determine whether to approve the agreement between the plaintiff and the executors regarding the distribution of the estate, considering the circumstances and the relevant statutory provisions.

The Court found that the delay in bringing the claim was excessive, exceeding seven years, and that the plaintiff had not provided a satisfactory explanation for this delay. Furthermore, the Court noted that the evidence and other factual material necessary to support the claim were no longer available. Consequently, the Court refused to grant an extension of time for the plaintiff to bring the family provision claim. Regarding the agreement between the plaintiff and the executors, the Court decided that it would not approve the agreement, as it did not consider it just and equitable to do so under the circumstances.

In light of the above, the Court dismissed the plaintiff's application for an extension of time to bring a claim under the Family Provision Act (NT) and did not approve the agreement between the plaintiff and the executors. The Court's decision was based on the excessive delay in bringing the claim, the unavailability of necessary evidence, and the circumstances surrounding the agreement.