NSW Caselaw
New South Wales Supreme Court
CITATION : Smith v Daniels & Anor [2010] NSWSC 604 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 20/007/09, 21/07/09, 22/07/09, 23/07/09, 24/07/09, , 22/10/09
JUDGMENT DATE : 7 June 2010
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
DECISION : See paragraphs 87 and 88.
CATCHWORDS : EQUITY - succession - family provision - eligible person - close personal relationship between the plaintiff and the testator found - plaintiff an eligible person under Family Provision Act - provision made for plaintiff in her lifetime inadequate for her proper maintenance, education and advancement in life - relief claimed by plaintiff would place estate in financial deficit - real financial need of beneficiaries - legacy provided for out of estate.
Family Provision Act 1982 ss 6, 7, 9 LEGISLATION CITED : Property (Relationships) Act 1984 s 1, 4, 5 Succession Act 2006
CATEGORY : Principal judgment
Dridi v Fillmore [2001] NSWSC 319 CASES CITED : Ellis v Leeder (1951) 82 CLR 645 Singer v Berghouse (No 2) (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191
Plaintiff: Lynette Anne Smith PARTIES : First Defendant: Michelle Daniels Second Defendant: Daniel Duarte
FILE NUMBER(S) : SC 06/257056
COUNSEL : Plaintiff: Mr R J Colquhoun Defendant: Mr A Bulley
SOLICITORS : Plaintiff: Defendant: Toomey Pegg Drevikovsky Lawyers
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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