Ahmad v Ahmad [2002] NSWSC 579

New South Wales Supreme Court

CITATION : Ahmad v Ahmad [2002] NSWSC 579 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1854/01 HEARING DATE(S) : 27, 28 May 2002 JUDGMENT DATE : 28 June 2002

Samia Ahmad (Plaintiff) PARTIES : Hamide Mohamad Ali Ahmad (also known as Hamide Dik) (First Defendant) Salima Mohamad Ali Ahmad (Second Defendant) Badrieh Mohamad Ali Ahmad (Third Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : J.R. Wilson (for Plaintiff) A.K. Ottesen (for Defendant) Walker Taylor Edwards & Smith, Solicitors (Plaintiff) SOLICITORS : Champion Legal, Solicitors (First, Second Defendants) Sid Hawach & Associates, Solicitors (Third Defendant) CATCHWORDS : Succession - Family Provision - Claim by adult niece - Proceedings out of time - Applicant must place before the Court as fully and as frankly as possible details of her financial and material circumstances - Applicant swore an affidavit containing false information concerning those circumstances with deliberate intention of misleading the Court and the Defendants - Applicant sought and obtained by consent interlocutory injunctive relief upon the basis of that deliberately false and misleading evidence - That false and misleading evidence is not determinative of the applicant's claim - Whether applicant has been left without adequate provision for her proper maintenance - Competing claims of beneficiaries. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Re Will of Gilbert (1946) 46 SR (NSW) 318 Singer v Berghouse (1994) 181 CLR 201 DECISION : (1). I order that the summons be dismissed; (2). I order that the Plaintiff pay the costs of the Defendants, such costs to be on the indemnity basis; (3). I order that the injunctions set forth in paragraphs 1, 2 and 3 in Short Minutes of Order dated 21 August 2001 be dissolved; (4). I direct that the Registrar refer the papers in this matter to the Director of Public Prosecutions; (5). I direct that the exhibits remain in Court.