NSW Caselaw
New South Wales Supreme Court
CITATION : Michael v Public Trustee [2009] NSWSC 744
HEARING DATE(S) : 26 and 27 February 2009
JUDGMENT DATE : 31 July 2009
JUDGMENT OF : McLaughlin AsJ
1. I order that the proceedings be dismissed. DECISION : 2. The exhibits may be returned. 3. I stand over the proceedings to a date to be fixed, for submissions as to costs.
CATCHWORDS : SUCCESSION - family provision - claim by former wife - financial and material circumstances of Plaintiff - obligation upon an applicant for provision to place before Court as fully and as frankly as possible all information concerning her financial and material circumstances - whether Plaintiff has been left without adequate provision for her proper maintenance - nature and size of estate - actual estate not sufficient to accomodate Plaintiff's claim - possible notional estate - factors warranting making of application - competing claim of widow, to whom Deceased left entire estate.
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
Blore v Lang (1960) 104 CLR 124 Re Fulop Deceased (1987) 8 NSWLR 679 CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19 Foley v Ellis [2008] NSWCA 288 Diver v Neal [2009] NSWCA 54
PARTIES : Delia Michael (Plaintiff 1905 of 2007) Public Trustee (Defendant 1905 of 2007)
FILE NUMBER(S) : SC 1905 of 2007
COUNSEL : Mr P. Glissan (Plaintiff) Ms V. Hartstein (Defendant)
SOLICITORS : McGowan Lawyers (Plaintiff) Anthony Lentini, Solicitor for the Public Trustee (Defendant)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate