Strano v Jovcevski [2008] NSWSC 380

New South Wales Supreme Court

CITATION : Strano v Jovcevski [2008] NSWSC 380 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 1 November 2008

JUDGMENT DATE : 30 April 2008

JUDGMENT OF : McLaughlin AsJ

1. I order that the proceedings be dismissed. DECISION : 2. I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis. 3. I order that the Defendant be entitled to recoup from the estate of the late Kenneth Kire Jovcevski ("the Deceased") the difference between the foregoing costs which he may recover from the Plaintiff and the costs of the Defendant on the indemnity basis. 4. The exhibits may be returned.

CATCHWORDS : SUCCESSION - family provision - claim by widow - relationship of no more than nine years, characterised by numerous separations and reconciliations - various court proceedings instituted between Plaintiff and Deceased - financial and material circumstances of Plaintiff- whether Plaintiff has been left without adequate provision for her proper maintenance - actual estate of little value - claim against notional estate - prescribed transactions - importance of not interfering with reasonable expectations in relation to property - even if Plaintiff were to receive entirety of available notional estate, Plaintiff would receive no practical benefit, since that amount would go to her creditors

LEGISLATION CITED : Family Provision Act 1982

CATEGORY : Principal judgment

Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Caska v Caska [1999] NSWSC 289 CASES CITED : Thomas v Jackson [2002] NSWSC 660 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19 Diver v Neal [2008] NSWSC 304