Maxwell v Public Trustee [2001] NSWSC 764

Maxwell v Public Trustee [2001] NSWSC 764

The joinder of additional plaintiffs does not relate back to extend time for a Family Provision application; each applicant must show sufficient cause for late application. Extensions were granted to Rosalie Childs and Stephanie Griffith due to their lack of awareness and reasonable explanations, but not to Victor Pisani who knew his rights but failed to act. Having found inadequate provision, legacies were awarded to three plaintiffs.

Parties
Plaintiff: Marie Eleanora Maxwell; Plaintiff: Victor Pisani; Plaintiff: Rosalie Cheryl Childs; Plaintiff: Stephanie Gai Griffith; Defendant: Public Trustee
Jurisdiction
Australia
Judgment Date
28 August 2001
Procedural Posture
Family Provision Application / Judgment After Application to Extend Time and for Provision
Outcome
Extension of time granted to third and fourth plaintiffs; legacies ordered for three plaintiffs; costs ordered; application of second plaintiff dismissed.
Legal Topics
Family Provision Act, Extension of Time, Adequacy of Provision for Eligible Persons
Succession Equity Family Provision Act Extension of Time Adequacy of Provision for Eligible Persons

Case Brief

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Parties

Marie Eleanora Maxwell

Plaintiff

Victor Pisani

Plaintiff

Rosalie Cheryl Childs

Plaintiff

Stephanie Gai Griffith

Plaintiff

Public Trustee

Defendant

Procedural Posture

Family Provision Application / Judgment After Application to Extend Time and for Provision

Legal Issues

  1. 1 Whether joinder of additional plaintiffs operates to extend time for Family Provision application
  2. 2 Whether explanation for late application is sufficient to grant extension of time
  3. 3 Whether any and what provision should be made from the estate for the plaintiffs

Ratio Decidendi

The joinder of additional plaintiffs does not relate back to extend time for a Family Provision application; each applicant must show sufficient cause for late application. Extensions were granted to Rosalie Childs and Stephanie Griffith due to their lack of awareness and reasonable explanations, but not to Victor Pisani who knew his rights but failed to act. Having found inadequate provision, legacies were awarded to three plaintiffs.

Court Disposition

Extension of time granted to third and fourth plaintiffs; legacies ordered for three plaintiffs; costs ordered; application of second plaintiff dismissed.

Orders

  • Legacy in favour of Marie Eleonora Maxwell of $45,000
  • Legacy in favour of Rosalie Cheryl Childs of $40,000