Re Luff

[2002] VSC 441

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

PRACTICE COURT

No. 7418 of 2002

IN THE MATTER OF -

GLORIA BEATRICE JESSICA LUFF

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JUDGE:	Nettle J
WHERE HELD:	Melbourne
DATE OF HEARING:	10 October 2002
DATE OF JUDGMENT:	10 October 2002
CASE MAY BE CITED AS:	Re Luff
MEDIUM NEUTRAL CITATION:	[2002] VSC 441

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms D. Lyle	Mr T. Mepstead

HIS HONOUR:

1. This is an application made by originating motion dated 23 September 2002 for orders that the applicant be at liberty without enquiry to administer and distribute the estate of the deceased upon the footing that Melvin John Luff, the father of the deceased, did not survive the deceased. 

1. The application is supported by an affidavit sworn by the applicant, Gloria Beatrice Jessica Luff on 15 February 2000, an affidavit sworn by Timothy Mepstead on 20 August 2002, an affidavit of Gary Charles Tragnard sworn on 2 October 2002 and an affidavit of Robert Peter Clemens sworn 10 September 2002.  Those affidavits establish that the last occasion upon which Melvin John Luff was seen was at a dog show in 1988, he was at that time divorced;  and that there is no evidence of him having remarried since the divorce.  In the result, there is evidence which demonstrates that, for a period considerably in excess of seven years before the death of the deceased, there had been no sight nor sound from Melvin John Luff and that he was unmarried.

1. In those circumstances, I am prepared to make an order that, in the absence of any evidence that Melvin John Luff survived the intestate, Thomas Reginald St John Luff, deceased, the personal representative of the deceased be at liberty to divide the share of the deceased's estate upon the footing that the said Melvin John Luff was unmarried and did not survive the testator.  I am prepared further to order that the costs of the plaintiff of and incidental to the application be paid out of the estate of the deceased on a solicitor-own client basis, and I shall reserve liberty to apply to the applicant in the event that such may be required.

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