NSW Caselaw
New South Wales Court of Appeal CITATION : GREGORY v HUDSON & ORS [1999] NSWCA 221 FILE NUMBER(S) : CA 40736/97 HEARING DATE(S) : 31 May 1999 23 June 1999 JUDGMENT DATE : 31 May 1999
AKIKO GREGORY PARTIES : v JOHN CHARLES HUDSON & ORS JUDGMENT OF : Mason P at 36; Handley JA at 1; Cole AJA at 46
LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT FILE NUMBER(S) : ED 2493/96 LOWER COURT JUDICIAL OFFICER : Young J
COUNSEL : E A Cohen (Appellant) P Hallen SC (Respondent) SOLICITORS : Neil J O'Connor & Associates (Appellant) Tress Cocks & Maddox (Respondent) CATCHWORDS : FAMILY PROVISION - appeal - challenge to provision ordered for widow - whether home unit inadequate - whether capital lump sum to be ordered instead of annuity - whether quantum of annuity sufficient ACTS CITED : Family Provision Act 1982 CASES CITED: Luciano v Rosenblum (1985) 2 NSWLR 65, 69-70 Golosky v Golosky CA unrep 5/10/93 DECISION : Appeal allowed in part. Orders made
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40736/97 ED 2493/96 MASON P HANDLEY JA COLE AJA
Monday 31 May 1999 AKIKO GREGORY v JOHN CHARLES HUDSON FAMILY PROVISION - appeal - challenge to provision ordered for widow - whether home unit inadequate - whether capital lump sum to be ordered instead of annuity - whether quantum of annuity sufficient The appellant widow challenged the provision made for her by her late husband's will. The estate was very large and there were no competing claims. The trial Judge awarded her a home unit, a legacy of $700,000 and an indexed annuity of $100,000 before tax. The appellant challenged these orders on the ground that the home unit and the annuity were inadequate and she sought a capital sum in lieu of the annuity. HELD: (1) The claim that the home unit was inadequate failed. Luciano v Rosenblum (1985) 2 NSWLR 65, 69-70 applied. (2) The claim for a capital sum failed. (3) The annuity failed to take into account the effect of income tax. The appropriate annuity was $100,000 indexed free of tax. ORDERS (1) Appeal allowed in part. (2) Set aside order 2(b)(iii) made by the Equity Division. (3) In lieu thereof order that the appellant receive during her lifetime out of the estate and notional estate of the deceased, in lieu of the provision made for her by the will of the deceased:
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