Littlejohn v Littlejohn [1999] NSWSC 634

Littlejohn v Littlejohn [1999] NSWSC 634

Due to Deanne Gai Littlejohn’s disability and inability to support herself, coupled with her essential needs and an explained delay in filing, the Court exercised discretion to extend time and ordered a further legacy of $35,000 in addition to her legacy under the will, finding this appropriate given Deanne's demonstrated needs and the estate/assets available.

Parties
Plaintiff: Mark James Littlejohn; Plaintiff: Deanne Gai Littlejohn; Plaintiff: David Michael Littlejohn; Plaintiff: Julie Anne Littlejohn; Defendant: Lois Littlejohn
Jurisdiction
Australia
Judgment Date
24 June 1999
Procedural Posture
Family Provision Application / Judgment
Outcome
Order for further provision in favour of Deanne Gai Littlejohn; extension of time granted; other plaintiffs' claims dismissed; costs orders made.
Legal Topics
Family Provision Act 1982, Family Provision Claim, Extension of Time, Adult Child Maintenance, Notional Estate
Succession Law Equity Family Provision Act 1982 Family Provision Claim Extension of Time Adult Child Maintenance Notional Estate

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Parties

Mark James Littlejohn

Plaintiff

Deanne Gai Littlejohn

Plaintiff

David Michael Littlejohn

Plaintiff

Julie Anne Littlejohn

Plaintiff

Lois Littlejohn

Defendant

Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 Whether provision should be made for Deanne Gai Littlejohn out of the deceased's estate under the Family Provision Act 1982
  2. 2 Whether time for making application should be extended
  3. 3 Appropriate quantum of provision for an adult child with a disability

Ratio Decidendi

Due to Deanne Gai Littlejohn’s disability and inability to support herself, coupled with her essential needs and an explained delay in filing, the Court exercised discretion to extend time and ordered a further legacy of $35,000 in addition to her legacy under the will, finding this appropriate given Deanne's demonstrated needs and the estate/assets available.

Court Disposition

Order for further provision in favour of Deanne Gai Littlejohn; extension of time granted; other plaintiffs' claims dismissed; costs orders made.

Orders

  • Order that the time for the institution of these proceedings be extended up to and including 23 July 1997.
  • Order that in addition to the benefit given to her by the will of the late James Edward Littlejohn, the plaintiff Deanne Gai Littlejohn receive a further legacy in the sum of $35,000.