Alexander v Jansson; Jansson v Alexander [2009] NSWSC 1000

New South Wales Supreme Court

CITATION : Alexander v Jansson; Jansson v Alexander [2009] NSWSC 1000

HEARING DATE(S) : 20 and 21 April 2009

JUDGMENT DATE : 23 September 2009

JUDGMENT OF : McLaughlin AsJ

3178 of 2008 ELLEN LOUISE JANSSON –v- PERNELLE THERESE ALEXANDER and ORS 1. I order that the time for the institution of these proceedings be extended up to and including 11 June 2008. 2. I order that the property contained in folio identifier 39/753689 (being part of the property known as Gerraween at Niangala, upon which the homestead of Gerraween is located) be designated as notional estate of the late Eric Martin Jansson ("the Deceased"). 3. I order that the Plaintiff receive the aforesaid notional estate of the Deceased absolutely. DECISION : 4. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendants on the indemnity basis be paid out of the assets of the estate of the Deceased, other than the aforesaid property designated as notional estate. 5. The exhibits may be returned. 2592 of 2008 PERNELLE THERESE ALEXANDER and ORS –v-ELLEN LOUISE JANSSON 1. I make an order as in prayer 1 in the amended summons, deleting therefrom the words "(a) folio identifier 39/753689", and an order as in prayer 2 in the amended summons. 2. I order that the costs of all parties be paid out of the proceeds of sale of the properties referred to in prayer 1 of the amended summons, other than the property referred to therein as "folio identifier 39/753689". 3. The exhibits may be returned.

CATCHWORDS : REAL PROPERTY - conveyancing - property held in co-ownership - statutory trust for sale - application to appoint trustees for sale. SUCCESSION - family provision - claim by mother, aged 93 - whether an eligible person - dependency upon Deceased - proceedings out of time - financial and material circumstances of applicant - rural property held by applicant in co-ownership with Deceased - whether applicant has been left without adequate provision for her proper maintenance - factors warranting making of application - whether applicant should be dispossessed of her home of past 73 years - needs of applicant.