NSW Caselaw
New South Wales Supreme Court
CITATION : Cairns v Cairns [2006] NSWSC 367
HEARING DATE(S) : 27 & 28 April 2006
JUDGMENT DATE : 28 April 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 04/28/2006
DECISION : Short Minutes to be brought in.
CATCHWORDS : SUCCESSION - FAMILY PROVISION AND MAINTENANCE - daughter's application - plaintiff's sisters have brought their own proceedings under the Act which they do not bring to trial, for the purpose of defending the plaintiff's claim. Inappropriateness of that tactic - factual considerations relevant to moulding of order to do minimum damage to structure of Testator's will while accommodating times by which plaintiff will have funds to purchase estate asset
LEGISLATION CITED : Family Provision Act 1982
Cairns v Cairns [2006] NSWSC 364 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vasiljev v Public Trustee [1974] 2 NSWLR 497
Diane Patricia Cairns - Plaintiff PARTIES : George Ernest Cairns (in the estate of the late George Hamilton Cairns) - First Defendant Debbie Doreen Cairns - Second Defendant Elaine Mary Durack - Third Defendant
FILE NUMBER(S) : SC 4293/04
E Cohen - Plaintiff COUNSEL : P Dowdy - First Defendant L Ellison SC - Second and Third Defendant
Colin Daley Quinn - Plaintiff SOLICITORS : Russell C Byrnes - First Defendant Haydon Fowler Corbett Jessop - Second and Third Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST
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