NSW Caselaw
New South Wales Supreme Court
CITATION : McGrath & Anor v Eves & Anor [2005] NSWSC 1006
HEARING DATE(S) : 29/08/05, 30/08/05
JUDGMENT DATE : 10 October 2005
JUDGMENT OF : Gzell J
DECISION : Legacies increased to $490,000 and $545,000.
CATCHWORDS : SUCCESSION - Family Provision and Maintenance - Failure by testator to make sufficient provision for applicants - Able-bodied adult son and daughter - Widow with independent means succeeding to matrimonial home by survivorship - Net estate in excess of $1.6 million before costs at trial - Legacies to children of $50,000 each.
Family Law Act 1975 (Cth) LEGISLATION CITED : Family Court Act 1975 (Cth) Family Provision Act 1982
C v C (2005) FAMCA 429 Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 79 ALJR 731 Luciano v Rosenblum (1985) 2 NSWLR 65 Golosky v Golosky, NSWCA, unreported, 5 October 1993 Marshall v Carruthers [2002] NSWCA 47 CASES CITED : Bladwell v Davis [2004] NSWCA 170 Shearer v The Public Trustee, NSWSC, unreported, 23 March 1998 Gorton v Parks (1989) 17 NSWLR 1 Barbara Mayfield v Suzy Carolyn Lloyd-Williams [2004] NSWSC 419 Re Buckland, deceased [1966] VR 404 Ogden v Green [2003] NSWCA 352 Lloyd-Williams v Mayfield [2005] NSWCA 189
Dennis Kelvin McGrath - 1st Plaintiff Diane Maree Murray - 2nd Plantiff PARTIES : Terry Louis Eves - 1st Defendant June McGrath - 2nd Defendant
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate