NSW Caselaw
New South Wales Court of Appeal
CITATION : Warland v Reece [2000] NSWCA 380 FILE NUMBER(S) : CA 40895/99 HEARING DATE(S) : 31 August 2000 JUDGMENT DATE : 31 August 2000
PARTIES : Patria Virola WARLAND (In the Estate of the late John Richard WARLAND) v Helen Margaret REECE as tutor for Ashley Richard REECE JUDGMENT OF : Meagher JA at 1; Handley JA at 13; Stein JA at 14
LOWER COURT JURISDICTION : Supreme Court LOWER COURT 1348/98 FILE NUMBER(S) : LOWER COURT Master Macready JUDICIAL OFFICER :
COUNSEL : Appellant: M.Lilienthal Respondent: M.B. Oakes SC/M. Evans SOLICITORS : Appellant: Mark Solomon & Associates. Respondent: Thomas Mitchell Partners. CATCHWORDS : Family Provision Act - provision from estate extinguishes pension rights of invalid son - provision reviewed. CASES CITED: Luciano v Rosenblaum (1985) 2 NSWLR 65 Elliott v Elliott (unreported, Powell J, Supreme Court of New South Wales 24 April 1986) DECISION : 1. Appeal allowed; 2. Judgment and orders of Master Macready made 29 October 1999 be set aside; 3. In lieu thereof, the plaintiff to recieve a legacy payable from the estate of the late John Richard Warland in the sum of $325,750 from which are to be deducted any amounts of the original legacy which have been already paid; 4. Interest from today's date; 5. Costs of both parties in the appeal are to be paid out of the estate.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA: 40895/99 MEAGHER JA HANDLEY JA STEIN JA
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