Kolar v Dernovsek [2005] NSWSC 838

New South Wales Supreme Court

CITATION : Kolar v Dernovsek [2005] NSWSC 838

HEARING DATE(S) : 2, 3, 4, 5, 6 and 9 May 2005

JUDGMENT DATE : 24 August 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : (1). I order that the summons be dismissed. (2). I order that the Plaintiff pay the costs of the Defendants, such costs to be on the indemnity basis. (3). I order that the Defendants be entitled to recoup from the estate of the late Dusan Dernovsek ("the Deceased") the difference between the foregoing costs which they may recover from the Plaintiff and their costs on the indemnity basis. (4). The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Whether Plaintiff is an eligible person. Assserted domestic relationship. Asserted membership of same household. Whether Plaintiff was living with Deceased. Obligation upon an applicant to disclose as fully and as frankly as possible all details of applicant's financial and material circumstances. Whether Plaintiff has, in any event, been left without adequate provision for his proper maintenance. Circumstances in which it is appropriate to order indemnity costs against an unsuccessful applicant.

Family Provision Act 1982 LEGISLATION CITED : Property (Relationships) Act 1984

CASES CITED : Singer v Berghouse (1994) 181 CLR 201

Milko Kolar (Plaintiff) PARTIES : Magda Dernovsek (First Defendant) Vladimir Borisov (Second Defendant)

FILE NUMBER(S) : SC 3963 of 2004

Ms D. Coulton (Plaintiff, 2 and 3 May 2005) COUNSEL : In person (Plaintiff, 3, 4, 5, 6, and 9 May 2005) Mr. P. Hallen SC and Miss S. Hill (Defendants)