NSW Caselaw
New South Wales Supreme Court
CITATION : Valda Rebecca HERTZBERG v Clio Valda HERTZBERG & Anor [2002] NSWSC 1235 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4141/02 HEARING DATE(S) : 13/12/2002 JUDGMENT DATE : 23 December 2002
Valda Rebecca Hertzberg - plaintiff PARTIES : Clio Valda Hertzbert - first defendant Robin Gai Downey - second defendant JUDGMENT OF : Acting Master Berecry at 1
COUNSEL : J. Whittle, SC /B. Townsend - plaintiff P. Hallen, SC - defendants SOLICITORS : Blake Dawson Waldron - plaintiff Cropper Parkhill - defendants CATCHWORDS : Large estate - second wife - long - harmonious marriage - lifestyle - provision and right to reside - substantial provision during lifetime - whether provision adequate - significant role as carer of deceased - no evidence of competing needs. LEGISLATION CITED : Family Provision Act 1982 Singer v Berghouse (1994) 181 CLR 201 at 209-211 Langtry v Campbell, unreported, Powell J, 7.3.91 CASES CITED : Elliott v Elliott, unreported, Powell J, 18.5.84 Marshall v Carruthers, unreported, (2002) NSWCA 47 Blackford v Salmon, unreported, Young J, 27.7.94 DECISION : 1. The plaintiff receive, in lieu of the provisions made under the will of the deceased, the property known as 10/4 Greenoaks Avenue, Darling Point. 2. The plaintiff received by way of lump sum payment out of the estate the sum of $600,000.00. (Refer para 42).
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVIS
ACTING MASTER BERECRY
MONDAY, 23 DECEMBER, 2002
4141/02 Valda Rebecca HERTZBERG v Clio Valda HERTZBERG & ANOR JUDGMENT 1 MASTER: On 21 August 2002 the plaintiff commenced proceedings seeking an order pursuant to s 7 of the Family Provision Act 1982 ("the Act") for provision to be made out of the estate of the late Rueben Hertzberg. The plaintiff and the deceased were married in 1982. The deceased died on 30 September 2001 and probate of his estate was granted on 1 March 2002. The proceedings therefore are brought within time. 2 Background:
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