Van Gorp v Davy [2022] NSWSC 1167

Van Gorp v Davy [2022] NSWSC 1167

The plaintiff lacks standing to claim the relief sought in relation to the deceased estate of his former wife as he has no legal interest in the estate; both daughters are adults and therefore the plaintiff, as a parent, has no standing sufficient to ground the proceedings.

Parties
Plaintiff: Sean Cornelius Van Gorp; Defendant: James Ashleigh Davy; Defendant: Kimberley Ann Evans
Jurisdiction
Australia
Judgment Date
30 August 2022
Procedural Posture
Equity / Application for Leave to File Statement of Claim / Determination of Standing
Outcome
Plaintiff's summons and statement of claim dismissed with costs
Legal Topics
Trusts and Trustees, Beneficiaries, Standing to Bring Proceedings, Deceased Estates
Equity Trusts and Trustees Beneficiaries Standing to Bring Proceedings Deceased Estates

Case Brief

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Parties

Sean Cornelius Van Gorp

Plaintiff

James Ashleigh Davy

Defendant

Kimberley Ann Evans

Defendant

Procedural Posture

Equity / Application for Leave to File Statement of Claim / Determination of Standing

Legal Issues

  1. 1 Whether the plaintiff has standing to bring proceedings interfering with administration of the deceased estate of his former wife on behalf of adult children
  2. 2 Whether the plaintiff may seek to set aside or vary the family provision order of 2 June 2021

Ratio Decidendi

The plaintiff lacks standing to claim the relief sought in relation to the deceased estate of his former wife as he has no legal interest in the estate; both daughters are adults and therefore the plaintiff, as a parent, has no standing sufficient to ground the proceedings.

Court Disposition

Plaintiff's summons and statement of claim dismissed with costs

Orders

  • The summons be dismissed
  • The statement of claim purportedly filed by the plaintiff on 21 July 2022 also be dismissed