Mitchell Aaron JOHNSTON v Janelle Ann BROWN; Estate of the late Darryl Alexander Johnston, deceased. [2002] NSWSC 1116

Mitchell Aaron JOHNSTON v Janelle Ann BROWN; Estate of the late Darryl Alexander Johnston, deceased. [2002] NSWSC 1116

The plaintiff had already received substantial provision from the estate and compensation proceedings, had assets of about $160,000, was young, healthy and able to work or study, and had not established a present need justifying further provision. It was also inappropriate to declare the Glenorie property notional estate given the deceased's seven year de facto relationship with the defendant and her significant contributions and financial position. The statutory threshold for additional provision under s 7 was not met.

Jurisdiction
Australia
Judgment Date
25 November 2002
Procedural Posture
Family Provision Application Out of the Estate or Notional Estate of an Intestate Deceased Person / Judgment After Hearing of Summons Seeking Provision Pursuant to S 7 of the Family Provisions Act 1982
Outcome
The proceedings were dismissed.
Legal Topics
['intestacy' 'eligible Child Applicant' 'adequacy of Provision' 'notional Estate' 'competing Needs of De Facto Partner']
['succession Law' 'family Provision' 'equity'] ['intestacy' 'eligible Child Applicant' 'adequacy of Provision' 'notional Estate' 'competing Needs of De Facto Partner']

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Procedural Posture

Family Provision Application Out of the Estate or Notional Estate of an Intestate Deceased Person / Judgment After Hearing of Summons Seeking Provision Pursuant to S 7 of the Family Provisions Act 1982

Legal Issues

  1. 1 ["Whether the plaintiff, as the deceased's son, had been left without adequate provision for his proper maintenance, education and advancement in life." 'Whether the Glenorie property should be treated or declared as notional estate of the deceased.' "Whether further provision should be made for the plaintiff having regard to his needs and the defendant's competing financial position."]

Ratio Decidendi

The plaintiff had already received substantial provision from the estate and compensation proceedings, had assets of about $160,000, was young, healthy and able to work or study, and had not established a present need justifying further provision. It was also inappropriate to declare the Glenorie property notional estate given the deceased's seven year de facto relationship with the defendant and her significant contributions and financial position. The statutory threshold for additional provision under s 7 was not met.

Court Disposition

The proceedings were dismissed.

Orders

  • ['The proceedings be dismissed.']