Jvancich v Kennedy [2004] NSWCA 293

New South Wales Court of Appeal

CITATION : Jvancich v Kennedy [2004] NSWCA 293 HEARING DATE(S) : 9 June 2004 JUDGMENT DATE : 27 August 2004

JUDGMENT OF : Handley JA at 1; Giles JA at 50; McColl JA at 51 DECISION : 1. Appeal allowed in part.; 2. Orders 3, 4, and 5 of the Master set aside.; 3. In lieu thereof order that the appellant pay the respondent the sum of $60,000 together with interest at the rate prescribed pursuant to s 84A(1) of the Wills Probate and Administration Act 1898 from 26 August 2003 until payment.; 4. Orders 1 and 2 confirmed.; 5. Costs of the proceedings before the Master and in this Court reserved for further argument on written submissions to be lodged by the parties. The appellant's further submissions are to be lodged within seven days, the respondent's within a further seven days, and any written submissions in reply within a further seven days after that.

CATCHWORDS : FAMILY PROVISION - claim by adult daughter of first marriage - assets of deceased and surviving widow held jointly - widow making substantial contribution from gambling win - deceased formerly had substantial property in own right - provision to enable daughter to purchase house not justified LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Warr v Santos [1973] 1 NSWLR 432 PARTIES : Augustina Jvancich (Appellant) Kimm Kennedy (Respondent) FILE NUMBER(S) : CA 40666/03 COUNSEL : R D Wilson (Appellant) A C Smith (Respondent) SOLICITORS : Stacks The Law Firm (Appellant) Kelly & Agerholm (Respondent)

LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT SC 4910/00 FILE NUMBER(S) : LOWER COURT Master McLaughlin JUDICIAL OFFICER :