NSW Caselaw
New South Wales Supreme Court
CITATION : Ibrahim v Dos Remedios [2005] NSWSC 202
HEARING DATE(S) : 16 December 2004
JUDGMENT DATE : 15 March 2005
JURISDICTION : Equity Division
JUDGMENT OF : Master 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 retain out of the assets of the estate of the late Ana Ibrahim ("the Deceased") the difference between the costs which she may recover pursuant to order 2 hereof and the costs of the Defendant on the indemnity basis. (4). The exhibits may be returned.
CATCHWORDS : Succession. Family Provision. Claim by adult son and two infant grandchildren. Intestacy. Son entitled to one half of estate. Son and grandchildren resided in house of Deceased. Whether son has been left without adequate provision for his proper maintenance. An applicant seeking accommodation must offer evidence of the nature of desired accommodation and the cost thereof. Whether infant grandchildren were dependent upon Deceased. If so, whether there are factores which warrant the making of the application. Whether claims of infant grandchildren are subsumed in claim of their father. Competing claim of Defendant.
LEGISLATION CITED : Family Provision Act 1982
Re Fulop Deceased (1987) 8 NSWLR 679 CASES CITED : Singer v Berghouse (1994) 181 CLR 201
Denis Ibrahim (First Plaintiff) PARTIES : Maria Lousia Teireira as next friend for Chloe Teirxeira and Mia Teixeira (Second Plaintiffs) Melita Dos Remedios (Defendant)
FILE NUMBER(S) : SC 4139 of 2003
Mr. J. Anderson (Plaintiffs) COUNSEL : Mr. A. Enright (Defendant)
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