NSW Caselaw
New South Wales Supreme Court
CITATION : NOVAK-NIEMELA v PERPETUAL TRUSTEE CO LTD and NOVAK-NIEMELA v PERPETUAL TRUSTEE CO LTD [2002] NSWSC 251 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1512/2001; 1529/2001 HEARING DATE(S) : 18/03/02 JUDGMENT DATE : 19 March 2002
PARTIES : MATTI NOVAK-NIEMELA v PERPETUAL TRUSTEE CO LTD INKERI LAURA NOVAK-NIEMELA v PERPETUAL TRUSTEE CO LTD - ESTATE OF JAROSLAV NOVAK-NIEMELA JUDGMENT OF : Master Macready at 1
COUNSEL : Mrs K. Burke for plaintiffs Mr P. Blackburn-Hart for defendants SOLICITORS : McIntosh, McPhillamy & Co for plaintiffs Bartier Perry for defendant CATCHWORDS : Family Provision. Application by widow and son under Family Provision Act. Estate of $1.7 million tied up in a discretionary trust for 80 years. Orders for legacies to both plaintiffs. DECISION : Paragraph 98
- 1 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
MASTER MACREADY
TUESDAY, 19 MARCH 2002
1512/01 - MATTI NOVAK-NIEMELA v PERPETUAL TRUSTEE CO LTD - ESTATE OF JAROSLAV NOVAK-NIEMELA
1529/01 - INKERI LAURA NOVAK-NIEMELA v PERPETUAL TRUSTEE CO LTD - ESTATE OF JAROSLAV NOVAK-NIEMELA
JUDGMENT 1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late Jaroslav Novak-Niemela, who died on 14 May 2000, aged 81 years. The deceased was survived by his widow and his only child, both of whom are plaintiffs in these proceedings. I have heard both proceedings together with the evidence in one being evidence in the other. 2 The deceased made his last will on 10 May 2000. By that will he appointed the defendant executor and trustee and made some small bequests. To his wife he gave his clothing, jewellery, articles of personal use and furniture. To his son a legacy of $40,000 and some items of books, clothing and sporting equipment. The balance was left upon a discretionary trust for a period of up to 80 years. The vesting date is 1 May 2080, or such earlier time after the death of the deceased and his wife as the trustee appoints. 3 During the trust period the trustee has a complete discretion to apply income and capital to any one or more of:-
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