Mangraviti v Jackson [1999] NSWSC 804

Mangraviti v Jackson [1999] NSWSC 804

The plaintiff was an eligible person, but he owned or controlled assets worth almost $8 million, accepted that he had no financial needs and was financially independent, and brought the claim as a matter of honour or recompense for past services rather than because of any present or future need. In those...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 August 2020
Procedural Posture
Proceedings Under the Family Provision Act 1982 for Provision Out of the Estate of the Late Anna Mangraviti / Hearing and Determination of Summons
Outcome
Summons dismissed.
Legal Topics
['adult Child Claim' 'proper Maintenance, Education and Advancement in Life' 'eligible Person' 'estate Provision' 'costs']
['succession' 'family Provision'] ['adult Child Claim' 'proper Maintenance, Education and Advancement in Life' 'eligible Person' 'estate Provision' 'costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Proceedings Under the Family Provision Act 1982 for Provision Out of the Estate of the Late Anna Mangraviti / Hearing and Determination of Summons

Legal Issues

  1. 1 ["Whether the provision made for the plaintiff under the deceased's will was inadequate for his proper maintenance, education and advancement in life." 'Whether the plaintiff satisfied the first stage of the two-stage process described in Singer v Berghouse.' "Whether the plaintiff's substantial assets and absence of financial need precluded an order for family provision."]

Ratio Decidendi

The plaintiff was an eligible person, but he owned or controlled assets worth almost $8 million, accepted that he had no financial needs and was financially independent, and brought the claim as a matter of honour or recompense for past services rather than because of any present or future need. In those circumstances the provision made for him was not shown to be inadequate for his proper maintenance, education and advancement in life, so he failed the first stage in Singer v Berghouse and the summons was dismissed.

Court Disposition

Summons dismissed.

Orders

  • ['I order that the summons be dismissed.' 'I order that the plaintiff pay the costs of the defendant, such costs to be on the party and party basis.' 'I order that the difference between the costs of the defendant on the indemnity basis and the foregoing costs recovered by the defendant from the plaintiff be paid to...