Beverley Carol Hogan v Lynette Dorothy Clarke & Anor [2002] NSWSC 386

Beverley Carol Hogan v Lynette Dorothy Clarke & Anor [2002] NSWSC 386

The relationship between the plaintiff and the deceased was so ruptured and lacking in contact over a long period of years that, applying the prevailing community standards as required by the Family Provision Act 1982 (NSW), the provision made by the deceased was not inadequate for the plaintiff's proper maintenance, education and advancement in life; accordingly, the application must be dismissed.

Parties
Plaintiff: Beverley Carol Hogan; 1st Defendant: Lynette Dorothy Clarke; 2nd Defendant: John Mulvaney
Jurisdiction
Australia
Judgment Date
30 April 2002
Procedural Posture
Family Provision Application / Judgment
Outcome
Application dismissed
Legal Topics
Family Provision Act 1982 (nsw), Order for Maintenance, Education and Advancement, Adequacy of Testamentary Disposition, Relationship and Contact Between Applicant and Deceased, Community Standards in Family Provision
Wills and Estates Family Provision Family Provision Act 1982 (nsw) Order for Maintenance, Education and Advancement Adequacy of Testamentary Disposition Relationship and Contact Between Applicant and Deceased Community Standards in Family Provision

Case Brief

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Parties

Beverley Carol Hogan

Plaintiff

Lynette Dorothy Clarke

1st Defendant

John Mulvaney

2nd Defendant

Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 Whether the provision made for the plaintiff out of the deceased's estate was inadequate for her proper maintenance, education and advancement in life under the Family Provision Act 1982 (NSW)
  2. 2 What weight should be given to the relationship and degree of contact between the applicant daughter and the deceased mother
  3. 3 Application of prevailing community standards in determining family provision claims

Ratio Decidendi

The relationship between the plaintiff and the deceased was so ruptured and lacking in contact over a long period of years that, applying the prevailing community standards as required by the Family Provision Act 1982 (NSW), the provision made by the deceased was not inadequate for the plaintiff's proper maintenance, education and advancement in life; accordingly, the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application is dismissed; order to be made upon the bringing in of short minutes of order. Costs are reserved for submissions.