NSW Caselaw
New South Wales Supreme Court
CITATION : Diver v Neal [2008] NSWSC 304
HEARING DATE(S) : 24 September 2007 22 October 2007
JUDGMENT DATE : 7 April 2008
JUDGMENT OF : McLaughlin AsJ
1. I order that the summons be dismissed. DECISION : 2. I order that the Plaintiff pay the costs of the Defendants. 3. I order that the Defendants be entitled to retain from the estate of the late Keith Trevethan ("the Deceased") the difference between the costs of the Defendants on the indemnity basis and the costs which the Defendants may recover pursuant to order 2 hereof. 4. The exhibits may be returned.
CATCHWORDS : Succession - family provision - claim by adult stepdaughter - financial and material circumstances of Plaintiff - obligation upon applicant to place before Court as fully and as frankly as possible all information concerning her financial and material circumstances - contact between Plaintiff and Deceased - statements by Deceased concerning conduct of Plaintiff - whether Plaintiff has been left without adequate provision for her proper maintenance - competing claims of beneficiaries - factors warranting the making of the application - nature of provision claimed - any order for provision would benefit not the Plaintiff but the creditors of businesses conducted by her husband and herself
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
Re Fulop Deceased (1987) 8 NSWLR 679 CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Caska v Caska [1999] NSWSC 289 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19
Kaye Aileen Diver (Plaintiff) PARTIES : John Neal (First Defendant) Jan Sim (Second Defendant)
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