NSW Caselaw
New South Wales Supreme Court
CITATION : Milillo v Konnecke; Borazio v Konnecke [2008] NSWSC 1069
HEARING DATE(S) : 27 August 2008; 7 October 2008 JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
EX TEMPORE JUDGMENT DATE : 7 October 2008
DECISION : Provided executors do not seek to sell the house in which widow resides, widow's application dismissed. Small award in favour of daughter.
CATCHWORDS : SUCCESSION [307]- Family provision- Widow and daughter make application- Widow left life estate- Widow was third wife with short life expectancy- Prenuptial agreement that parties would not claim on each other's assets- Widow's claim fails- Daughter lost large sum because taken in by confidence man- Loss not to be assessed as voluntary- Small award made to daughter in modest estate.
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
CASES CITED : Singer v Berghouse (1994) 181 CLR 201
4734/07: Rosaria Milillo (P) Angela Konnecke (D1) PARTIES : Vittoria Borazio (D2) 3428/08: Gina Silvana Borazio (P) Angela Konnecke (D1) Vittoria Borazio (D2)
FILE NUMBER(S) : SC 4734/07; 3428/08
4734/07: J Merkel (P) COUNSEL : D M Flaherty (D) 3428/08: J Pentelow (P) D M Flaherty (D)
4734/07: Angelo John Margiotta (P) SOLICITORS : John R De Mattia & Co (D) 3428/08: Bell Lawyers (P) John R De Mattia & Co (D)
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