NSW Caselaw
New South Wales Supreme Court CITATION : MILLER v MICHELE [1999] NSWSC 1028 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 1495/98 HEARING DATE(S) : 15/09/99 JUDGMENT DATE : 16 September 1999
PARTIES : Nicole Joanne Miller v Pascaline de Michele JUDGMENT OF : Master Macready at 1
COUNSEL : Mr K. Pryde for the plaintiff Mr M. Willmott for the defendant SOLICITORS : Hinde & Ginges for the plaintiff Eric Butler for the defendant CATCHWORDS : Family Provision. Application by a daughter under Family Provision Act. Whole estate left to widow. Provision of small legacy appropriate. DECISION : Paras 35 and 37
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THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
MASTER MACREADY
THURSDAY 16 SEPTEMBER 1999
1495/98 - NICOLE JOANNE MILLER v PASCALINE DE MICHELE
JUDGMENT
1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late Peter Holeva who died on 24 March 1997. The deceased was survived by his defacto spouse the defendant, his two daughters of that relationship Peta and Franchesca and his daughter Nicole, the plaintiff in the proceedings. Nicole is the daughter of the deceased and Tracey Klein with whom the deceased lived between 1976 and mid 1980.
2 Under his will made 1 November 1993 the deceased gave the whole of his estate to the defendant and appointed her executrix.
3 The estate consists of unit 17/164 Bondi Road, Bondi. There is evidence of the value and after allowing for selling expenses one would expect the amount to be in the order of $145,000.
4 There is money in an account and after payment of costs of commission the amount remaining is $8,799, a total of $153,799.
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