NSW Caselaw
New South Wales Court of Appeal
CITATION : O'Loughlin v O'Loughlin [2003] NSWCA 99 HEARING DATE(S) : 14 April 2002 JUDGMENT DATE : 1 May 2003
JUDGMENT OF : Mason P at 1; Meagher JA at 2; Davies AJA at 3 DECISION : Appeal dismissed. Appellant to pay the Respondents' taxed costs on an indemnity basis
CATCHWORDS : SUCCESSION - family provision - whether provision made for widow was inadequate - what is a proper provision for widow of wealthy barrister - award should not be niggardly where widow has need and there are no competing claims of children. D LEGISLATION CITED : Family Provision Act 1982 Bosch v Perpetual Trustee Company Limited [1938] AC 463 Gregory v Hudson [1999] NSWCA 221 In re Allardice, Allardice v Allardice (1910) 29 NZLR 959 Luciano v Rosenblum [1985] 2 NSWLR 65 CASES CITED : Marshall v Carruthers (unreported court of Appeal 22 February 2002) Re Buckland, deceased [1966] VR 404 Sayer v Sayer [1999] NSWCA 340 Singer v Berghouse (1994) 181 CLR 201 Worladge v Doddridge (1957) 97 CLR 1 Christopher Justin O'Louglin (Appellant) PARTIES : Patricia Dawn O'Loughlin (First Respondent) Frank Low (Second Respondent) FILE NUMBER(S) : CA 40244 of 2002 COUNSEL : Mr B Coles, QC with him Mr J Wilson (Appellant) Mr P Hallen SC (First Respondent) Teece Hodgson & Ward (Appellant) SOLICITORS : Boyd Legal (First Respondent) Frank Low Yeung & Co (Second Respondent)
LOWER COURT Supreme Court JURISDICTION : LOWER COURT 1210 of 2001 FILE NUMBER(S) : LOWER COURT Young CJ in Eq JUDICIAL OFFICER :
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