NSW Caselaw
New South Wales Court of Appeal CITATION : AKKERMAN v EWINS [1999] NSWCA 386 FILE NUMBER(S) : CA 40824/98 HEARING DATE(S) : 12 October 1999 JUDGMENT DATE : 12 October 1999
RUDOLPH JOHAN AKKERMAN PARTIES : v GERALDINE HELEN EWINS & ANOR JUDGMENT OF : Handley JA at 1; Beazley JA at 11; Fitzgerald JA at 12
LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT FILE NUMBER(S) : 1703/97 LOWER COURT JUDICIAL OFFICER : Master McLaughlin
COUNSEL : R H Weinstein (Appellant) R Legg Solicitor (Respondent) SOLICITORS : Sydun & Co (Appellant) Burridge & Legg (Respondent) CATCHWORDS : FAMILY PROVISION ACT 1982 - s 9(2)-TEST FOR "INADEQUATE PROVISION" FOR "PROPER MAINTENANCE, EDUCATION AND ADVANCEMENT IN LIFE"-CLAIM BY STEP-SON-WHETHER MASTER APPLIED CORRECT TEST-WHETHER NEED ESTABLISHED ACTS CITED : Family Provision Act 1982 DECISION : Appeal dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40824/98 EQ 1703/97 HANDLEY JA BEAZLEY JA FITZGERALD JA
Tuesday 12 October 1999 RUDOLPH JOHAN AKKERMAN v GERALDINE HELEN EWINS & ANOR FAMILY PROVISION ACT 1982 - s 9(2) - TEST FOR "INADEQUATE PROVISION" FOR "PROPER MAINTENANCE, EDUCATION AND ADVANCEMENT IN LIFE" - CLAIM BY STEP-SON - WHETHER MASTER APPLIED CORRECT TEST - WHETHER NEED ESTABLISHED
The appellant had made a claim under the Family Provision Act 1982 for provision out of his step-mother's estate. The Master dismissed the claim on the ground that the appellant had not established need.
HELD : dismissing the appeal: The appellant had failed to establish a case for appellate intervention. ORDERS Appeal dismissed with costs.
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