Underwood v Gaudron [2014] NSWSC 1055

ON 7 AUGUST 2014, the Supreme Court of NSW delivered Underwood v Gaudron [2014] NSWSC 1055 (7 August 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/1055.html

The plaintiff Helen Underwood brought proceedings seeking a family provision order under the Succession Act 2006 (NSW) with respect to the estate or notional estate of her late mother. Named as defendants were her sisters, Mary Genevieve Gaudron (the former High Court justice) and Kathryn Teresa Gaudron.

The plaintiff had no contact with the deceased for 20 years, the estate was relatively small and had already been distributed. The proceedings were commenced more than 3 years after the deceased’s death.

Justice Hallen dismissed the summons with the intention of making no orders made as to costs.

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