Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14:

1. HIS HONOUR: The Lachlan River is the fourth longest river in Australia commencing near Goulburn in the Great Dividing Range and ending at the Great Cumbung Swamp near Oxley New South Wales. [1] It is the only river in New South Wales with significant wetlands along its length rather than just towards its end. [2]

2. In the early 1920's and 1930's at least three of eight siblings, members of the Norris family, were born in Lake Cargelligo, a township in central western New South Wales taking its name from an associated natural lake known for recreational activities including water skiing and kayaking. [3]

3. The lake is one of the lakes that provides significant drought refuges and significant impacts on the functioning of the Lachlan River catchment system. [4]

4. The river traces the northern boundary of a property known as Cocos, located approximately 50 kilometres west of Condobolin, associated with the late Ronald James Morris (deceased), the farmer and grazier who resided on a property, Fairview Cargelligo.

5. Ironically, the aquatic features which significantly impacted the utilisation and value of Cocos and other properties held by Ronald form part of the geographic background to a claim for rectification of Ronald Norris which omitted reference to a water access licence (WAL).

6. The plaintiffs, Ronald's executors, contend that Ronald by his last testamentary instrument made on 8 February 2018 (Will) intended to give WAL 1670 to his nephew Brian James Miles (Brian), but the Will prepared by a solicitor, Mark Andrew Manning Olsen (Mr Olsen), omitted specific reference to it. For the reasons I now elaborate, I find the contentions established and the omission can be effectively cured.

Family advisors and properties

7. The events regarding this claim centre around four of the Norris family siblings and their farming lands. For convenience and without intending any disrespect, I will refer to the various individuals by their given names. The eight siblings are Elsie, Mavis (her married surname being Harvey) Harold, Edna, Lorna, John, George and Ronald.

8. Mavis has one child, Neil, and Neil has two children, Scott and Kristy. John has three children, Colin, Keith and Brian. Keith has a child, Michael.

9. None of Harold, George nor Ronald had any children.

10. George and Ronald lived on the property, Fairfield (otherwise referred to as Fairfield Burgooney).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19811175815a437854f17179)

Disclaimer: Curated by HT Syndication.