Page v Hull-Moody

Case [2020] NSWSC 411


Supreme Court


New South Wales

Medium Neutral Citation: Page v Hull-Moody [2020] NSWSC 411
Hearing dates: 24 and 25 February 2020
Date of orders: 20 April 2020
Decision date: 20 April 2020
Jurisdiction:Equity
Before: Hallen J
Decision:

Orders that the Summons be dismissed.

 Directs, in the event that the issue of costs is not resolved between the parties, the matter is to be re-listed, for the purpose of hearing argument on whether the issue of the costs of the proceedings should be determined other than in accordance with the usual order for costs
Catchwords: SUCCESSION – Family provision – Claim by adult child for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3 – One of the Defendants is also an adult child of the deceased whilst the other is an adult grandchild of the deceased – Will of the deceased made some provision (one-quarter of the estate) for the Plaintiff – Estate of reasonable value – Provision also had been made for Plaintiff during lifetime of the deceased – Whether adequate and proper provision not made in Will of the deceased for the Plaintiff and if so the nature and quantum of the provision to be made – Summons dismissed
Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 60
Family Law Act 1975 (Cth), s 90D
Family Provision Act 1982 (NSW)
Probate and Administration Act 1898 (NSW), s 86
Succession Act 2006 (NSW), ss 3, 18, 57, 58, 59, 60, 61, 63, 65, 66, 72, 84, 88, 99, Ch 3
Uniform Civil Procedure Rules 2005 (NSW), r 10.2
Cases Cited: Alexander v Jansson (2010) 6 ASTLR 432; [2010] NSWCA 176
Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308
Bartlett v Coomber [2008] NSWCA 100
Bkassini v Sarkis [2017] NSWSC 1487
Boettcher v Driscoll (2014) 119 SASR 523; [2014] SASC 86
Bondelmonte v Blanckensee [1989] WAR 305
Borebor v Keane (2013) 11 ASTLR 96; [2013] VSC 35
Bosch v Perpetual Trustee Co Ltd [1938] AC 463
Bowditch v NSW Trustee and Guardian [2012] NSWSC 275
Bowyer v Wood (2007) 99 SASR 190
Burke v Burke (No 2) (2015) 13 ASTLR 313; [2015] NSWCA 195
Butcher v Craig [2009] WASC 164
Carey v Robson (No 2) [2009] NSWSC 1199
Chan v Chan (2016) 15 ASTLR 317; [2016] NSWCA 222
Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392
Christie v Manera [2006] WASC 287
Crossman v Riedel [2004] ACTSC 127
de Angelis v de Angelis [2003] VSC 432
Devereaux-Warnes v Hall (No 3) (2007) 35 WAR 127; [2007] WASCA 235
Diver v Neal (2009) 2 ASTLR 89; [2009] NSWCA 54
Foley v Ellis [2008] NSWCA 288
Forsyth v Sinclair (No 2) (2010) 28 VR 635; [2010] VSCA 195
Geoghegan v Szelid [2011] NSWSC 1440
Goodman v Windeyer (1980) 144 CLR 490; [1980] HCA 31
Goodsell v Wellington [2011] NSWSC 1232
Gorton v Parks (1989) 17 NSWLR 1
Hall v Hall (2016) 257 CLR 490; [2016] HCA…

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Page v Hull-Moody [2020] NSWSC 411
Case
[2020] NSWSC 411
Decision Date

CaseChat Overview and Summary

In the matter of Page v Hull-Moody, the Plaintiff, an adult child of the deceased, sought an order for provision from the deceased's estate under the Succession Act 2006 (NSW). The Defendants included another adult child and an adult grandchild of the deceased. The Plaintiff argued that the deceased had failed to make adequate provision for her in the Will, which allocated one-quarter of the estate to her. The Plaintiff further contended that she had received some provision during the deceased's lifetime. The Defendants argued that the deceased had made proper and adequate provision for the Plaintiff, both in the Will and during the deceased's lifetime, and thus the Plaintiff's claim should be dismissed.

The court was required to determine whether the deceased had made adequate and proper provision for the Plaintiff in the Will and, if not, what the nature and quantum of any provision should be. The court considered the deceased's intention as expressed in the Will, the financial circumstances of the Plaintiff, and the contributions made by the Plaintiff to the deceased's estate during the deceased's lifetime. The court also considered the Plaintiff's age, health, and any other relevant factors that might influence the appropriate provision.

The court found that the deceased had made adequate and proper provision for the Plaintiff, both in the Will and during the deceased's lifetime. The court held that the deceased's intention was to provide for the Plaintiff and that the Plaintiff had received a significant share of the estate. The court also found that the Plaintiff's contributions to the deceased's estate during the deceased's lifetime were acknowledged and considered by the deceased in making the provisions in the Will. The court therefore dismissed the Plaintiff's claim and made no order for further provision.

The court dismissed the summons brought by the Plaintiff for provision from the deceased's estate. The court held that the deceased had made adequate and proper provision for the Plaintiff, both in the Will and during the deceased's lifetime. The court found that the deceased's intention was to provide for the Plaintiff and that the Plaintiff had received a significant share of the estate. The court also found that the Plaintiff's contributions to the deceased's estate during the deceased's lifetime were acknowledged and considered by the deceased in making the provisions in the Will.

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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