Coates v Public Trustee [2007] NSWSC 647

Coates v Public Trustee [2007] NSWSC 647

The plaintiff, as the natural child of the deceased, was an eligible person despite adoption due to her dependency and membership in the deceased's household in early childhood; factors warranting her application were present because her removal and adoption were against the deceased's wishes and due to circumstances beyond her control. Extension of time was justified given her lack of knowledge and access to information, the estate being bona vacantia, absence of prejudice to beneficiaries, and her financial need; special circumstances existed due to forced separation and government policy. An order for $200,000 and costs was appropriate.

Parties
Plaintiff: Barbara Coates; Defendant: Public Trustee
Jurisdiction
Australia
Judgment Date
22 June 2007
Procedural Posture
Family Provision (succession/estate) / Judgment on Application for Provision, Including Extension of Time and Final Order
Outcome
Application granted
Legal Topics
Application by Adopted Child, Extension of Time, Assessment of 'special Circumstances', Legacy From Estate, Notional Estate
Succession Law Family Provision Application by Adopted Child Extension of Time Assessment of 'special Circumstances' Legacy From Estate Notional Estate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Barbara Coates

Plaintiff

Public Trustee

Defendant

Procedural Posture

Family Provision (succession/estate) / Judgment on Application for Provision, Including Extension of Time and Final Order

Legal Issues

  1. 1 Whether the plaintiff as an adopted-out natural child is an 'eligible person' under the Family Provision Act
  2. 2 Whether there are factors warranting the making of the application
  3. 3 Whether an extension of time should be granted for the out-of-time application

Ratio Decidendi

The plaintiff, as the natural child of the deceased, was an eligible person despite adoption due to her dependency and membership in the deceased's household in early childhood; factors warranting her application were present because her removal and adoption were against the deceased's wishes and due to circumstances beyond her control. Extension of time was justified given her lack of knowledge and access to information, the estate being bona vacantia, absence of prejudice to beneficiaries, and her financial need; special circumstances existed due to forced separation and government policy. An order for $200,000 and costs was appropriate.

Court Disposition

Application granted

Orders

  • Extension of time for making the application granted up to the date of filing of the summons.
  • Plaintiff to receive a legacy of $200,000 out of the estate of the deceased.