NSW Caselaw
New South Wales Supreme Court
CITATION : Hanlon v Evans [2009] NSWSC 1288
HEARING DATE(S) : 19/11/09
JUDGMENT DATE : 17 December 2009
JURISDICTION : Equity Division
JUDGMENT OF : Macready AsJ at 1
DECISION : Paragraphs 27 and 28
CATCHWORDS : PROCEDURE - judgments and orders - actions on judgments – hearing of re-opened case – further evidence regarding plaintiff's financial circumstances – plaintiff's claim dismissed - SUCCESSION - family provision and maintenance - Application for provision by two daughters of deceased. Deceased owned part of country property which was left mainly to a son.
Elizabeth Ellen Hanlon v David Lewis Evans & David John Evans PARTIES : Robwyn Anne English v David Lewis Evans & David John Evans
FILE NUMBER(S) : SC 4360/06; 5745/07
COUNSEL : Mr J Drummond for plaintiffs Mr CF Hodgson for defendants
SOLICITORS : Friedlieb Byrne for plaintiffs Tress Cos for defendants
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
Associate Justice Macready
Thursday 17 December 2009
4360/06 Elizabeth Ellen Hanlon v David Lewis Evans & David John Evans 5745/07 Robwyn Anne English v David Lewis Evans & David John Evans JUDGMENT
1 His Honour: In this matter the principal judgment was delivered on 3 June 2009. There was an application to re-open the case and I gave judgment on 8 September 2009. I ordered that the defendants have leave to re-open their case to further cross-examine the plaintiff, Elizabeth Hanlon, and tender any evidence as to the sale of share in BFB Logistics Pty Ltd. 2 Thereafter the application was heard on 19 November 2009 and submissions were received by 10 December 2009. 3 On the 19 November 2009 hearing there was additional affidavit evidence from the plaintiff, Elizabeth Hanlon, the first defendant David Lewis Evans, the second defendant, David Evans, and his wife Debbie Evans. As would be expected this included evidence from Elizabeth concerning the receipt of the $468,639.75 for the sale of the BFB Logistics Pty Ltd shares on 4 June 2009. Elizabeth's evidence updated her financial circumstances following upon the receipt of those funds. 4 In my earlier judgment of 3 June 2009, I set out the financial circumstances of Elizabeth Hanlon and her husband at paragraphs 35 to 38. They had assets of some $120,000. The evidence discloses that their total assets are now as follows: (i) Real estate – 29 Deutchner Street, Temora $375,000.00 (ii) Cash: (a) NAB Account 6701 3,475.43 (b) NAB Account 9147 55,155.89 (c) NAB account 6257 (928.25) 59,559.87 (d) South West Slopes Credit Union Account No. 1 1,748.21 Account No. 2 50.00 1,798.21 (e) Superannuation Elizabeth 55,704.65 Bill 86,443.00 142,147.65 Other: (f) Membership of Ski Lodge 20,000.00 (g) Furniture 85,000.00 (h) Shares 3,686.00
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