NSW Caselaw
New South Wales Supreme Court
CITATION : Browne v Browne [2009] NSWSC 1399
HEARING DATE(S) : 23 - 25 November 2009
JUDGMENT DATE : 25 November 2009
JURISDICTION : Equity Division
JUDGMENT OF : Rein J
EX TEMPORE JUDGMENT DATE : 25 November 2009
There be provided out of the estate of the testator a legacy for the plaintiff in the sum of $475,000, being: (1) $275,000 for the purchase of a home; and DECISION : (2) a $200,000 lump sum. The plaintiff's costs to be paid out of the estate on a party/party basis. The defendant's costs to be paid out of the estate on an indemnity basis.
CATCHWORDS : SUCCESSION – family provision and maintenance – failure by testator to make sufficient provision for applicant – where marriage between plaintiff widow and testator was for a short period of time – where agreed that the provision for the plaintiff by the testator is inadequate – consideration of when period of cohabitation prior to marriage commenced – provision for the purchase of a house, contingency fund and a lump sum for plaintiff's future needs
LEGISLATION CITED : Family Provisions Act 1982
CATEGORY : Principal judgment
Bladwell v Davis [2004] NSWCA 170 CASES CITED : Kay v Archbold [2008] NSWSC 245 Singer v Berghouse (1994) 181 CLR 201 Walker v Walker [2005] NSWSC 1024
PARTIES : Carol Ann Browne (Plaintiff) Michael Browne (Defendant)
FILE NUMBER(S) : SC 1958/09
COUNSEL : R Lovas (Plaintiff) K Morrissey (Defendant)
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