Moussa v Moussa [2006] NSWSC 352

New South Wales Supreme Court

CITATION : Moussa v Moussa [2006] NSWSC 352

HEARING DATE(S) : 24/04/06

JUDGMENT DATE : 2 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

DECISION : Proceedings dismissed

CATCHWORDS : SUCCESSION - family provision - claims by teenage children of deceased's first marriage - deceased left second wife and baby - no assets except house - house passing to widow upon intestacy - whether plaintiffs left without adequate provision - whether any provision should be made for them

LEGISLATION CITED : Family Provision Act 1982, s.7 Wills Probate and Administration Act 1898, s.61D

Bladwell v Davis [2004] NSWCA 170 CASES CITED : Luciano v Rosenblum (1985) 2 NSWLR Singer v Berghouse (1994) 181 CLR 201

PARTIES : Therese Mary Moussa and Samuel Latif Moussa by their next friend Anita Devi Gounder - Plaintiffs Deborah Veronica Moussa - Defendant

FILE NUMBER(S) : SC 5147/04

COUNSEL : Mr J.R. Wilson SC - Plaintiffs Mr L.J. Ellison SC - Defendant

SOLICITORS : The Hargreaves Practice - Plaintiffs MacLarens - Defendants

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BARRETT J

TUESDAY, 2 MAY 2006

5147/04 THERESE MARY MOUSSA AND SAMUEL LATIF MOUSSA BY THEIR NEXT FRIEND ANITA DEVI GOUNDER v DEBORAH VERONICA MOUSSA

JUDGMENT

1 The plaintiffs, Therese Mary Moussa ("Therese") and Samuel Latif Moussa ("Samuel"), are children of the late Ghassan Moussa ("the deceased") and his first wife Anita Devi Gounder ("Ms Gounder"). The deceased and Ms Gounder were married in 1987. The marriage was dissolved in 1997. Therese (born 1988) and Samuel (born 1990) are the only children of that marriage.