DEAN -v- COLLINS [No 2] [2015] WASCA 151
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASCA 151 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:80/2014 | 24 MARCH 2015 | |
| Coram: | MARTIN CJ BUSS JA CHANEY J | 4/08/15 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| B | |||
| PDF Version |
| Parties: | VICKI JOY DEAN BEVERLEY KAY COLLINS AVE ANNA LEWIS (As Executor of the Estate of ETHEL MAY LEWIS) KERRY CHARLES LEWIS AVE ANNA LEWIS |
Catchwords: | Family Provision Act 1972 (WA) Adequate provision for proper maintenance, support, education and advancement in life Two stage process Whether jurisdictional question satisfied Relative needs of claimant as compared to named beneficiaries Obvious need of claimant |
Legislation: | Family Provision Act 1972 (WA), s 6(1) |
Case References: | Bondelmonte v Blanckensee [1989] WAR 305 In Re Allen (dec); Allen v Manchester [1922] NZLR 218 Maas v O'Neill [2013] WASC 379 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Stokes v Collins & Lewis [2014] WASC 182 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : DEAN -v- COLLINS [No 2] [2015] WASCA 151 CORAM : MARTIN CJ
- BUSS JA
CHANEY J
- Appellant
AND
BEVERLEY KAY COLLINS
First-named First Respondent
AVE ANNA LEWIS (As Executor of the Estate of ETHEL MAY LEWIS)
Second-named First Respondent
BEVERLEY KAY COLLINS
Second Respondent
KERRY CHARLES LEWIS
First-named Third Respondent
AVE ANNA LEWIS
Second-named Third Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : MASTER SANDERSON
Citation : STOKES -v- COLLINS & LEWIS [2014] WASC 182
File No : CIV 2412 of 2012
Catchwords:
Family Provision Act 1972 (WA) - Adequate provision for proper maintenance, support, education and advancement in life - Two stage process - Whether jurisdictional question satisfied - Relative needs of claimant as compared to named beneficiaries - Obvious need of claimant
Legislation:
Family Provision Act 1972 (WA), s 6(1)
Result:
Appeal allowed
Category: B
Representation:
Counsel:
Appellant : Mr M Curwood
First-named First Respondent : Ms R J Lee
Second-named First Respondent : Ms R J Lee
Second Respondent : Ms R J Lee
First-named Third Respondent : Ms R J Lee
Second-named Third Respondent : Ms R J Lee
Solicitors:
Appellant : Arns & Associates
First-named First Respondent : Young & Young
Second-named First Respondent : Young & Young
Second Respondent : Young & Young
First-named Third Respondent : Young & Young
Second-named Third Respondent : Young & Young
Case(s) referred to in judgment(s):
Bondelmonte v Blanckensee [1989] WAR 305
In Re Allen (dec); Allen v Manchester [1922] NZLR 218
Maas v O'Neill [2013] WASC 379
Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201
Stokes v Collins & Lewis [2014] WASC 182
Vigolo v Bostin [2005] HCA…
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- Dean v Collins [No 2] [2015] WASCA 151
- Case
- [2015] WASCA 151
- Decision Date
CaseChat Overview and Summary
The court needed to decide whether the jurisdictional question was satisfied, which required examining whether the appellant had an obvious need for maintenance, support, education, or advancement in life. The primary consideration was whether the appellant's need was compared to the needs of the named beneficiaries. The court had to assess the relative needs of the appellant and the named beneficiaries to determine if the deceased had made adequate provision for her.
The court concluded that the appellant had established an obvious need for maintenance, support, education, or advancement in life. The appellant's financial situation and the deceased's ability to provide for her were significant factors. The court found that the deceased had the means to provide for the appellant, and the will did not adequately account for her needs. The court determined that the jurisdictional question was satisfied, and the appellant's appeal was allowed. The case was remitted to the trial court for further proceedings in accordance with the court's findings.
Orders
Orders of the court
Appeal allowed
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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