NSW Caselaw
New South Wales Supreme Court
CITATION : Troy v Slede [2005] NSWSC 1080
HEARING DATE(S) : 27 and 28 June 2005
JUDGMENT DATE : 25 October 2005
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : 1. I order that the proceedings be dismissed. 2. I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis. 3. I order that the Defendant be entitled to recoup from the estate of the late Willi Slede ("the Deceased") the difference between the foregoing costs which she may recover from the Plaintiff and the costs of the Defendant on the indemnity basis. 4. The exhibits may be returned.
CATCHWORDS : Succession. - Family Provision. - Only significant asset in estate is one half interest as tenant in common in matrimonial home of Deceased. - Other one half interest is held by Defendant. - Claim by adult son. - Financial and material circumstances of the Plaintiff. - Obligation upon applicant for provision to place before the Court as fully and frankly as possible all available information concerning his financial and material circumstances. - Whether Plaintiff has been left without adequate provision for his proper maintenance. - Competing claim of Defendant, who is widow and sole beneficiary of Deceased. - Any order for provision in favour of Plaintiff would result in Defendant being deprived of her home.
LEGISLATION CITED : Family Provision Act 1982
Singer v Berghouse (1994) 181 CLR 201 CASES CITED : Vigolo v Bostin (2005) 79 ALJR 731
Kenneth Ernst Troy PARTIES : Emma Slede
FILE NUMBER(S) : SC 5146 of 2004
I. Wiley (Plaintiff) COUNSEL : P. Jeffriess (Defendant)
K.M. Harkness & Co (Plaintiff) SOLICITORS : Emery Partners, by their agent Slade Manwaring (Defendant)
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