Recent hearings in which Kim Morrissey has appeared

 

Olsen v Olsen [2019] NSWSC 217 - 15 March 2019

SUCCESSION – Family provision – Claim by adult child for provision from the deceased’s estate under Chapter 3 of the Succession Act 2006 (NSW) – Express disclaimer of intention by deceased to benefit plaintiff – Strained relationship between plaintiff and deceased – Whether provision should be made notwithstanding deceased’s disclaimer – Modest provision made. Read more...


Detheridge v Detheridge [2019] NSWSC 183 - 7 March 2019

SUCCESSION – family provision – Succession Act, Chapter 3 – deceased dies leaving three children, a daughter and two sons – the deceased’s estate comprises of a single residential house property in suburban Sydney and a one third interest in the house occupied by the daughter and used by her as a music studio – the plaintiff is the deceased’s youngest son – the defendant executor is the deceased’s eldest son – the deceased left her one third interest in the property occupied by her daughter to the daughter and thereafter gave some small legacies to her grandchildren and then gave the residue of her estate to each of her three children in equal shares – the plaintiff claims that his present financial needs are such that he should have further provision out of the deceased’s estate – the defendant and the daughter contend that their own financial needs are such that the will should remain undisturbed and no order for provision should be made - whether the plaintiff has been left without adequate provision for his maintenance, education or advancement in life – whether any further provision should be made for the plaintiff out of the estate of the deceased – if further provision should be made for the plaintiff, what is the nature and quantum of that provision. Read more...


Meissner v Lindsay [2019] NSWSC 82 - 12 February 2019

FAMILY PROVISION – former spouse – prior property settlement orders – freedom of testamentary disposition – criminal history – size of estate. Read more...


Estate Corless; Corless v Tribastone - 29 November 2018

EQUITY — Construction of a will— Ex Tempore decision Resulting trusts — Purchase money trust. LAND LAW — Torrens title — Exceptions to indefeasibility — Whether Fraud — Witness to Transferor’s signature not present when Transfer signed. SUCCESSION — FAMILY PROVISION — No estate or notional estate out of which an order can be made. 


Stephen McNamara v Paul McNamara [2018] NSWSC 1661 - 2 November 2018

FAMILY PROVISION – former spouse – prior property settlement orders – freedom of testamentary disposition – criminal history – size of estate. Read more...


Papas v Co [2018] NSWSC 1404 - 12 September 2018

EQUITY — Trusts and trustees — Resulting trusts — Purchase money trust. LAND LAW — Torrens title — Exceptions to indefeasibility — Whether Fraud — Witness to Transferor’s signature not present when Transfer signed. SUCCESSION — FAMILY PROVISION — No estate or notional estate out of which an order can be made. Read more...


The Estate of Colleen McCullough [2018] NSWSC 1126 - 20 July 2018

SUCCESSION - Probate – Testamentary Intention– Whether either of two informal documents prepared by a solicitor acting for the deceased, one initialled and one signed (the one signed being witnessed), constituted a valid and intentional testamentary disposition. Read more...


Butcher v Balog [2017] NSWSC 1409 - 19 October 2017

Subpoena set aside; subpoenaed parties joined as additional defendants; leave granted to plaintiff to amend claim so as to seek notional estate order; plaintiff’s motion stood over to 31 October 2017. Read more...


Hancock, Shaun v Parker; Hancock, Lisa v Parker [2017] NSWSC 759 - 20 June 2017

SUCCESSION – FAMILY PROVISION – Two proceedings, the first in time brought by an adult grandchild of the deceased - The second in time brought by an adult child of the deceased (the mother of the other Plaintiff) - Proceedings by adult child commenced out of time - Each Plaintiff applies for a family provision order under Chapter 3 of the Succession Act 2006 (NSW). Read more...


Estate MPS, deceased [2017] NSWSC 482 - 4 May 2017

SUCCESSION — Family provision — Close personal relationship — Elements — Living together, domestic support and personal care — Separate residences — Nature and quality of relationship — Social intimacy. Read more...


CLL v Children's Guardian [2017] NSWCATAD 69

Administrative law – review under section 27 Child Protection (Working with Children) Act 2012 Working with children check – clearance – protective jurisdiction – safety and well- being of children. Applicant not guilty of trigger matters- whether Applicant poses threat to safety of children. Read more...


Glenda Phillips v James Phillips; John Matthew Phillips by his Tutor NSW Trustee & Guardian v James Phillips (No 3) [2017] NSWSC 409 - 13 April 2017

WILLS, PROBATE AND ADMINISTRATION – Costs – Where executor beneficiary fails to demonstrate reasonable basis to have defended testamentary capacity suit. Read more...


Barbanera v Barbanera & Ors; Estate of the late Antonio Barbanera [2017] NSWSC 357 - 5 April 2017

SUCCESSION – family provision – Succession Act, Chapter 3 – adult son, one of four children, left out of will – whether adequate provision made for adult son – whether the plaintiff’s wealth sufficient that he has not been left without adequate provision for his maintenance, education or advancement in life and further provision need not be made for him – whether adult son cut himself off from deceased, or engaged in conduct estranging himself from the deceased. Read more...


Bindoff v The Trust Company [2016] NSWSC 1100 - 21 September 2016

SUCCESSION – family provision – claim by adult daughter – substantial estate – deceased had two daughters – after a number of specific gifts most of estate given to older daughter and the children of the older daughter – younger daughter brings claim under Succession Act, s 59 – claimant conceded to be an eligible person under Succession Act, s 57 - whether adequate provision made for the maintenance and advancement in life of the plaintiff under the will of the deceased – if not, what provision should be made for the plaintiff. Read more...


Meissner v Lindsay [2016] NSWSC 790 - 20 June 2016

SUCCESSION – Wills, probate and administration – the making of a will – probate of will made by deceased on 17 December 2008 granted to defendant – plaintiff sought declaration that deceased had made a later valid will on 10 February 2010 – evidence tendered by plaintiff that the deceased made the later will not accepted – plaintiff’s claim dismissed – no question of principle. Read more...


Stavrakakis v Tsilfidis [2015] NSWSC 1750 - 18 November 2015

WILLS AND ESTATES – whether deceased had testamentary capacity – whether she knew and approved of contents of the will – whether she executed will under undue influence;
WILLS AND ESTATES – family provision – adult child of deceased – will left all of estate to other adult child – such provision not adequate – nature of further provision to be made. Read more...


Carluccio v Ruiz [2015] NSWSC 1720 - 17 November 2015

SUCCESSION – Family Provision – Eligible applicants – Adult child –Requirement for adequate and proper maintenance – Whether applicant left with insufficient provision – Claims by children – Minimal provision made out of estate for plaintiff - Provision made out of estate for maintenance, education and advancement in life of plaintiff. Read more...


Sheilds v Correy - 17 June 2015

By Summons filed on 1st of October 2014, the Plaintiff seeks a family provision order pursuant to the Succession Act (NSW) ('the act") and costs.


Chandler v Coulson [2015] NSWSC 1721 - 9 March 2015

The plaintiff claims a family provision order out of the estate of the late Susan Carla Malins pursuant to section 59 of the Succession Act 2006. He contends that he is eligible to make a claim because he was in a de facto relationship with the deceased at the time of her death. Although the plaintiff’s eligibility was disputed by the defendant, by the end of the hearing it was clear that his evidence was reliable and that I should accept his contention that he and the deceased were living in a de facto marriage at the time of her death. Read more..


L v L [2014] NSWSC 1686 - 27 November 2014

Orders made for the appointment of a receiver and manager of a protected estate, and for the family of the protected person to engage in a meditation. Read more...


Milewski v Holben [2014] NSWSC 388 - 26 March 2014

Orders made for: (a) an extension of time within which the plaintiff (a former wife of the deceased) might apply for family provision relief; (b) the designation of distributed property as notional estate of the deceased; (c) a legacy of $200,000 in favour of the plaintiff; and (d) costs. Read more...


Skarica v Toska [2014] NSWSC 34 - 14 February 2014

Direct that the plaintiff bring in Short Minutes of Orders, including a grant of provision for the plaintiff, along the lines set out in paragraph 69. Read more...


Fraser v Simmonds [2014] NSWSC 654 - 22 May 2014

The defendants did not advance any additional reason as to why, if the Court came to the view that additional provision should be made for David, the discretion to do so should not be exercised. The question posed in paragraph [10(10)] above is therefore answered "yes". For this reason I made order (1) set out in paragraph [5] above. Read more...


 

Hearings that Kim Morrissey has appeared from 1991 to 2012

 

Hawkes v Wilkie [2012] NSWSC 1039

Declare that on 24 January 2011, Florence Elsie Smith (the deceased) settled upon. Read more...


Kelly v Kelly [2012] NSWSC 557

ICORPORATIONS- winding up- just and equitable ground- where company not trading but deficiency of assets over liabilities- application for winding up opposed due to substantial costs involved and because costs would be disproportionately borne by the fourth cross defendant being the only major creditor- application stood over to a future date to allow meeting of directors opportunity to discuss possible alternatives.

EQUITY- proprietary estoppel- cross claim-cross claimant's father in conversation told son of intention to provide land for each son- where part of land owned by cross claimant's grandfather who survived cross claimant's father- father died leaving entire estate to wife- grandfather died leaving his property to the cross claimant and his siblings in equal shares- where wife attempted to carry out intention of deceased husband that all sons should inherit separate parcel of land- where cross claimant worked on the family properties in the belief that he would be provided certain land- whether entitled to interest in land or equitable compensation in lieu- cross claimant's claim failed because there were no representational promises, no change of position in reliance on encouragement and no established detriment.. Read more...


Benjamin Robinson & Aballa v Gollan [2012] NSWSC 51

Entitlement to compensation for expenditures granted, subject to clarification of matters arising from Plaintiffs not pressing for order for possession. Parties to be heard as to costs. Read more...


Fallow v Mullins [2012] NSWSC 406

Having found that the Plaintiff is an eligible person and that the provision made for her in the Will of the deceased is inadequate. Read more...


Richard Black v Michael Black [2011] NSWSC 1448

WILLS AND ESTATES - Succession Act 2006 - Application for provision out of the estate of a father. Read more...


Jeffrey v Guider; Parry v Guider [2010] NSWSC 705

SUCCESSION - Family provision - adult son - adult daughter - costs order where plantiff only partially successful. Read more...


Chidiac v Maatouk [2010] NSWSC 386

Order the first defendant pay to the plaintiff, for the benefit of the estate. Read more...


Browne v Browne [2009] NSWSC 1339 

family provision and maintenance – failure by testator to make sufficient provision for applicant – where marriage between plaintiff widow and testator was for a short period of time – where agreed that the provision for the plaintiff by the testator is inadequate – consideration of when period of cohabitation prior to marriage commenced – provision for the purchase of a house, contingency fund and a lump sum for plaintiff’s future needs. Read more...


Horton v Simpson [2006] NSWSC 765

Succession. Family Provision. Claim by adult son. Financial and material circumstances of Plaintiff. Contribution by Plaintiff to maintenance and improvement of rural property of Deceased. Competing claim of Defendant, who is sole beneficiary of Deceased. Read more...


White v White [2004] NSWSC 208

Family Provision. Application by daughter of first marriage. Estate left to deceased's second wife. Legacy awarded to plaintiff. Comments on the obligation of parties to place before the court their full financial circumstances. Read more...


Dieter Woelfle v Ingrid Fembock [2004] NSWSC 342 

Family Provision. Application by son of deceased who received a legacy of $20,000. Increased legacy given. Orders made for notional estate. No matter of principle. Read more...


Howell v Hyde [2003] NSWSC 732

EQUITY - secret trusts - fully secret trust of company shares and investments in companies - relevance of "fraud" - standard of proof - obligation to be satisfied by will - whether certainty of trust property. Read more...


Hyde v Holland [2003] NSWSC 733

WILLS - construction - condition that residuary beneficiary "has attended Alcoholics Anonymous and complied with their requirements concerning sobriety for a period of not less than two (2) years" - condition precedent or subsequent - test of certainty for condition precedent. Read more...


Button v Lynch & Ors [2001] NSWSC 1148

I order that the proceedings be dismissed. (2). I order that the Plaintiff pay the costs of the First, Second, Fourth and Fifth Defendants, such costs to be on the party and party basis. (3). The exhibits may be returned. Read more...


Whiteley v Clune & Anor (Estate of Brett Whiteley) [1991 ] 2 NSWLR