Peters v Salmon (No 2) [2013] NSWSC 1071

Peters v Salmon (No 2) [2013] NSWSC 1071

Interest on Kerryn's $200,000 legacy is payable from 19 October 2013 unless paid by then, to ensure the legacy achieves its intended purpose and incentivize prompt payment. Liberty to apply is granted to Kerryn if payment is not made by 31 March 2014. Costs for Kerryn are paid from the estate at 50% of plaintiffs' costs; Donna pays 20% of estate's costs attributable to both plaintiffs' claims. Costs payable out of Michael's and Mrs Salmon's share, not by all beneficiaries.

Jurisdiction
Australia
Judgment Date
17 September 2013
Procedural Posture
Family Provision Application / Post Judgment Orders and Costs
Outcome
First plaintiff's claim dismissed; third plaintiff awarded a legacy and costs as ordered
Legal Topics
['family Provision' 'costs' 'interest on Legacy' 'liberty to Apply' 'compromise Offer Under Ucpr']
['succession Law' 'equity'] ['family Provision' 'costs' 'interest on Legacy' 'liberty to Apply' 'compromise Offer Under Ucpr']

Case Brief

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Procedural Posture

Family Provision Application / Post Judgment Orders and Costs

Legal Issues

  1. 1 ['Whether interest is payable on a family provision order and from when' 'Whether an applicant should have liberty to apply if the order is not paid by a specific date' 'How costs should be apportioned between joint applicants and defendants' 'What constitutes an offer of compromise under Uniform Civil Procedure Rules 2005 (NSW) Pt 20 Div 10' 'Who should bear estate costs in family provision proceedings']

Ratio Decidendi

Interest on Kerryn's $200,000 legacy is payable from 19 October 2013 unless paid by then, to ensure the legacy achieves its intended purpose and incentivize prompt payment. Liberty to apply is granted to Kerryn if payment is not made by 31 March 2014. Costs for Kerryn are paid from the estate at 50% of plaintiffs' costs; Donna pays 20% of estate's costs attributable to both plaintiffs' claims. Costs payable out of Michael's and Mrs Salmon's share, not by all beneficiaries.

Court Disposition

First plaintiff's claim dismissed; third plaintiff awarded a legacy and costs as ordered

Orders

  • ['Claim of Donna Maree Peters dismissed' 'Kerryn Therese Osmond receives $200,000 legacy out of estate' "Legacy to be borne by charge upon Michael Augustine Salmon's share" 'No interest on legacy if paid by 19 October 2013; otherwise, interest as prescribed under Probate & Administration Act 1898 (NSW) s 84A(3)'...