Button v Lynch and ors [2002] NSWSC 1148

Button v Lynch and ors [2002] NSWSC 1148

Neither Christine Button nor Justin Button established entitlement to an order for provision out of the deceased's estate or notional estate, nor standing for equitable relief for alleged trust breaches; competing claim of widower was stronger; actions of trustee and Fairlyn Pty Ltd were proper; orders sought by plaintiffs would be a barren exercise and are refused.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Family Provision / Equity / Final Judgment
Outcome
Proceedings dismissed; plaintiffs to pay costs
Legal Topics
['family Provision' 'discretionary Trusts' 'notional Estate' 'adequacy of Provision' 'standing to Seek Relief' 'competing Claims' 'declaratory Relief' 'costs']
['succession' 'equity' 'trusts'] ['family Provision' 'discretionary Trusts' 'notional Estate' 'adequacy of Provision' 'standing to Seek Relief' 'competing Claims' 'declaratory Relief' 'costs']

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Procedural Posture

Family Provision / Equity / Final Judgment

Legal Issues

  1. 1 ['Whether plaintiffs have been left without adequate provision for their maintenance, education, and advancement out of the estate/notional estate' 'Whether property transferred by the deceased should be designated as notional estate' 'Whether alleged breaches of trust by Fairlyn Pty Limited entitle plaintiffs to relief' 'Standing of beneficiaries to seek relief in respect of alleged breaches of trust' 'Appropriateness of the joinder of defendants']

Ratio Decidendi

Neither Christine Button nor Justin Button established entitlement to an order for provision out of the deceased's estate or notional estate, nor standing for equitable relief for alleged trust breaches; competing claim of widower was stronger; actions of trustee and Fairlyn Pty Ltd were proper; orders sought by plaintiffs would be a barren exercise and are refused.

Court Disposition

Proceedings dismissed; plaintiffs to pay costs

Orders

  • ['Proceedings be dismissed.' 'Plaintiff to pay costs of First, Second, Fourth and Fifth Defendants on party and party basis.' 'Exhibits may be returned.']