NSW Caselaw
New South Wales Supreme Court
CITATION : Smith v Barker [2005] NSWSC 14
HEARING DATE(S) : 18 October 2004
JUDGMENT DATE : 2 February 2005
JURISDICTION : Equity Division
JUDGMENT OF : Master McLaughlin at 1
DECISION : (1). I order that, in lieu of the benefit given to her by the will of the late Roy Alwyn Smith ("the Deceased"), the Plaintiff receive absolutely the house property situate at and known as 9 Townson Street, Blakehurst. (2). I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendants on the indemnity basis be paid out of the estate of the Deceased. (3). The exhibits may be returned.
CATCHWORDS : Succession. Family provision. Claim by widow. Only significant asset is matrimonial home of Plaintiff and Deceased. Deceased by his will gave to Plaintiff one half share in net proceeds of sale of matrimonial home. Whether Plaintiff has been left without adequate provision for her proper maintenance. Need of Plaintiff for security and flexibility in her accommodation. Whether former matrimonial home is appropriate to Plaintiff's needs and circumstances. Competing claims of other beneficiaries, being the children of the Deceased.
LEGISLATION CITED : Family Provision Act 1982
Luciano v Rosenblum (1985) 2 NSWLR 65 CASES CITED : Permanent Trustee Company Limited v Fraser (1995) 36 NSWLR 25
Hyacinth Angus Smith (Plaintiff) PARTIES : Venetta Barker and Anor (Defendants)
FILE NUMBER(S) : SC 3517 of 2003
Mr. L. Ellison (Plaintiff) COUNSEL : Mr. D. Flaherty (Defendants)
L. Rundle & Co (Plaintiff) SOLICITORS : David Grant & Associates (Defendants)
LOWER COURT JURISDICTION :
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