Mahon v Permanent Trustee Company Ltd [2004] NSWSC 434

Mahon v Permanent Trustee Company Ltd [2004] NSWSC 434

The time for bringing the application should be extended as the Plaintiff's infancy and lack of knowledge were sufficient reason for delay, there is no unacceptable prejudice to other beneficiaries, and the Plaintiff is entitled to further provision, namely the Dee Why home unit and a lump sum, from the estate to provide for her maintenance and advancement.

Parties
Plaintiff: Katherine Gai Mahon; Defendant: Permanent Trustee Company Limited
Jurisdiction
Australia
Judgment Date
21 May 2004
Procedural Posture
Family Provision Claim / Judgment After Hearing
Outcome
Application allowed. Extension of time granted. Further provision ordered in favour of the Plaintiff.
Legal Topics
Family Provision, Extension of Time, Testamentary Discretion, Claim by Adult Child
Succession Law Family Provision Extension of Time Testamentary Discretion Claim by Adult Child

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Parties

Katherine Gai Mahon

Plaintiff

Permanent Trustee Company Limited

Defendant

Procedural Posture

Family Provision Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether the Court should extend time for the application under the Family Provision Act 1982.
  2. 2 Whether adequate provision has been made for the Plaintiff from the deceased's estate.

Ratio Decidendi

The time for bringing the application should be extended as the Plaintiff's infancy and lack of knowledge were sufficient reason for delay, there is no unacceptable prejudice to other beneficiaries, and the Plaintiff is entitled to further provision, namely the Dee Why home unit and a lump sum, from the estate to provide for her maintenance and advancement.

Court Disposition

Application allowed. Extension of time granted. Further provision ordered in favour of the Plaintiff.

Orders

  • The time for institution of proceedings is extended to 12 December 2002.
  • The Plaintiff is to receive, in addition to provision in the will: (a) Unit 9, 8 Avon Street, Dee Why; (b) $40,000 payable as specified, interest to accrue if unpaid after 21 July 2004.