NSW Caselaw
New South Wales Supreme Court
CITATION : Moller v Allen [2006] NSWSC 39
HEARING DATE(S) : 17 August 2005 (written submissions to 23 August 2005)
JUDGMENT DATE : 10 February 2006
JURISDICTION : Equity
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : 1. I stand the proceedings over to a date to be fixed by arrangement with my Associate for the bringing in of short minutes to reflect my conclusions herein, and, if desired by either party, for submissions as to costs.
CATCHWORDS : Succession. - Family Provision. - Claim by adult daughter. - Financial and material circumstances of Plaintiff. - Asserted needs of Plaintiff. - Whether Plaintiff has been left without adequate provision for her proper maintenance. - Competing claim of Defendant. - Equality in testamentary provisions made in favour of Plaintiff and of Defendant. - Benefits and advances made by Deceased during her lifetime to Plaintiff and to Defendant. - Estate not sufficient to meet any order for provision. - Whether advances to Defendant constitute prescribed transactions. - Whether an order for provision should be made out of notional estate of Deceased.
LEGISLATION CITED : Family Provision Act 1982 Wills, Probate and Administration Act 1898
CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 79 ALJR 731
PARTIES : Robyn Patricia Moller (Plaintiff) Gayle Lesley Allen (Defendant)
FILE NUMBER(S) : SC 4817 of 2004
COUNSEL : S. Mason (Plaintiff) C. Harris (Defendant)
SOLICITORS : Turnbull Hill Lawyers (Plaintiff) Tonkin Drysdale Partners (Defendant)
- 22 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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