NSW Caselaw
New South Wales Supreme Court
CITATION : Walker v Walker [2005] NSWSC 1024
HEARING DATE(S) : 15 and 16 August 2005
JUDGMENT DATE : 12 October 2005
JURISDICTION : Equity Division
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 Vera Caroline Walker ("the Deceased") the difference between the foregoing costs which the Defendant 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. Claim by adult son. Financial and material circumstances of Plaintiff. Obligation upon applicant for provision to place before the Court as fully and as frankly as possible all information concerning his financial and material circumstances. Whether Plaintiff has been left without adequate provision for his proper maintenance. Competing claim of Defendant. Notional estate. Importance of not interfering with reasonable expectations in relation to property.
LEGISLATION CITED : Family Provision Act 1982
Singer v Berghouse (1994) 181 CLR 201 CASES CITED : Vigolo v Bostin (2005) 79 ALJR 731
Carl Walker (Plaintiff) PARTIES : Christopher James Walker (Defendant)
FILE NUMBER(S) : SC 3533 of 2004
D. Jordan (Plaintiff) COUNSEL : R. Powell SC / J. Kearney (Defendant)
Michael Dennis (Plaintiff) SOLICITORS : Liston & Loveband (Defendant)
LOWER COURT JURISDICTION :
- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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