Krakowszky v Kennedy [2007] NSWSC 842

New South Wales Supreme Court

CITATION : Krakowszky v Kennedy [2007] NSWSC 842

HEARING DATE(S) : 01/08/07, 02/08/07

JUDGMENT DATE : 3 August 2007

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready

EX TEMPORE JUDGMENT DATE : 3 August 2007

DECISION : Paragraph 37

CATCHWORDS : Family Provision. Application by widow for further provision. Order for a legacy for a home to be purchased. No matter of principle.

PARTIES : Consorcia Krakowszky v Adriana Clara Kennedy (Estate of Tibor Krakowszky)

FILE NUMBER(S) : SC 2921 of 2006

COUNSEL : Mr M Gorrick for plaintiff Mr A Scotting for defendants

SOLICITORS : Eddy Neumann Lawyers for plaintiff Teece Hodgson & Ward for defendants

- 1 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

FRIDAY 3 AUGUST 2007

2921/06 - CONSORCIA KRAKOWSZKY v ADRIANA CLARA KENNEDY - ESTATE OF THE LATE TIBOR KRAKOWSZKY & ANOR

JUDGMENT 1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Tibor Krakowszky, who died on 8 June 2005 aged 71 years. The deceased was survived by his two children from his first marriage and they are the defendants. The plaintiff is the widow of the deceased and was his third wife. His first wife has been given notice of the proceedings and makes no claim. His marriage to his second wide, with whom he had no children, appears to have been short and was a marriage of convenience. There is no knowledge of her whereabouts and I am satisfied it is impractical for her to be served. The will of the deceased 2 The deceased made his last will on 6 April 2005 and left a third of his estate to each of the plaintiff and the two defendants. The two defendants were appointed the executors. Assets in the estate 3 The only asset in the estate is the deceased's home at 848 Elizabeth Street, Zetland. The valuation of that was subject to a number of competing appraisals. The plaintiff's appraisal was from $370,000-$390,000 and the defendants' from $450,000-$500,000. The mid point of these appraisals was $427,500. For what it is worth just before the death of the deceased an agency agreement was signed by the deceased which showed an estimated selling price of $450,000 to $500,000. This perhaps adds weight to the fact it is more likely to be closer to the higher range than the mid range. 4 The deceased had a number of liabilities at the date of his death and the present debts in the estate, assuming an order is made, will be as follows: