NSW Caselaw
New South Wales Supreme Court
CITATION : Spagnol v Briffa [2005] NSWSC 118
HEARING DATE(S) : 16 November 2004
JUDGMENT DATE : 1 March 2005
JURISDICTION : Equity Division
JUDGMENT OF : Master McLaughlin at 1
DECISION : (1). I order that the Plaintiff receive from the estate of the late George Spagnol ("the Deceased") a legacy in the sum of $60,000, such legacy not to bear interest if paid on or before 1 April 2005, and if not so paid to bear interest at the rates prescribed for unpaid legacies under the Wills, Probate and Administration Act 1898. (2). I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. (3). The exhibits may be returned. (4). I order that liberty to apply be reserved.
CATCHWORDS : Succession. Family Provision. Claim by adult daughter. Financial and material circumstances of Plaintiff. Competing claim of Defendant (who is principal beneficiary). Whether Plaintiff has been left without adequate provision for her proper maintenance. Distribution of assets by Defendant as executor to herself as beneficiary. Whether assets held by Defendant should be designated notional estate of Deceased.
Family Provision Act 1982 LEGISLATION CITED : Wills, Probate and Administration Act 1898
Barns v Barns (2003) 214 CLR 169 CASES CITED : Easterbrook v Young (1977) 136 CLR 308 Singer v Berghouse (1994) 181 CLR 201
Georgina Spagnol (Plaintiff) PARTIES : Tania Briffa (Defendant)
FILE NUMBER(S) : SC 4089/03
Mr. P. Bolster (Plaintiff) COUNSEL : Mr. S. Stewart (Defendant)
Marando (Plaintiff) SOLICITORS : Tony Vella Solicitors (Defendant)
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