NSW Caselaw
New South Wales Supreme Court
CITATION : Hardiman-Burt v Gordon [2008] NSWSC 395
HEARING DATE(S) : 19 and 20 November 2007
JUDGMENT DATE : 1 May 2008
JUDGMENT OF : McLaughlin AsJ
1. I order that, in addition to the benefit given to her by the will of the late Leslie Gordon Burt ("the Deceased"), the Plaintiff receive a legacy in the sum of $150,000, such legacy not to bear interest if paid on or before 29 May 2008, and if not so paid to bear interest at the rates prescribed for unpaid legacies under the Probate and Administration Act 1898. DECISION : 2. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant 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 - financial and material circumstances of Plaintiff - obligation upon an applicant for provision to place before Court as fully and as frankly as possible all information concerning her financial and material circumstances - belief of Deceased that Plaintiff would be entitled to a far greater pension than she was, in fact, entitled to receive - whether Plaintiff has been left without adeqaute provision for her proper maintenance - compulsive gambling habit of Plaintiff.
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19
PARTIES : Robabeh Hardiman-Burt (Plaintiff) Alan Gordon (Defendant)
FILE NUMBER(S) : SC 3780 of 2006
COUNSEL : Mr A. Hill (Plaintiff) Mr L. Ellison SC (Defendant)
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