NSW Caselaw
New South Wales Supreme Court
CITATION : Thomas v Thomas [2008] NSWSC 631
HEARING DATE(S) : 13 March 2008
JUDGMENT DATE : 23 June 2008
JUDGMENT OF : McLaughlin AsJ
1. I make an order in the terms of prayer 1 in the summons. DECISION : 2. I order that, in lieu of the provisions of clause 4 of the will of the late Arthur Owen Thomas ("the Deceased"), the Plaintiff receive a life estate in the house property situate at and known as 5 Mara Crescent, Mooney Mooney, being Lot 2 in Deposited Plan 593448, the interest in remainder in that house property passing to Geoffrey Michael Thomas and Peter Llewellyn Thomas in equal shares; and that the property situate at and known as 7 Mara Crescent, Mooney Mooney, being Lot 3 in Deposited Plan 593448, be sold and the net proceeds of sale thereof be held for the Plaintiff, the said Geoffrey Michael Thomas and the said Peter Llewellyn Thomas in equal shares. 3. 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.
CATCHWORDS : SUCCESSION - family provision - claim by widow - financial and material circumstnaces of Plaintiff - whether Plaintiff has been left without adequate provision for her proper maintenance - competing claims of other beneficiaries (being the children of the Deceased).
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 : Janice Claire Thomas (Plaintiff) Geoffrey Michael Thomas (Defendant)
FILE NUMBER(S) : SC 2943 of 2007
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