NSW Caselaw
New South Wales Supreme Court
CITATION : Large v Higham [No 3] [2010] NSWSC 681
HEARING DATE(S) : 24/08/09, 25/08/09, 26/08/09, 27/08/09, 17/12/09, 23/02/10, 09/04/10, 28/05/10
JUDGMENT DATE : 25 June 2010
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
DECISION : Order that interest on the plaintiff's order for provision from the estate of the testator in the sum of $400,000 acccrue from 2 years after the death of the testator at the prescribed rate under Civil Procedure Act Schedule 5.
CATCHWORDS : SUCCESSION - family provision and maintenance - order for provision made out of notional estate - interest claimed on order for provision - interest awarded under Family Provision Act s 11(1)(d) on order for provision
Civil Procedure Act 2005 (NSW) ss 100, 101, Sch 5 LEGISLATION CITED : Family Provision Act 1982 (NSW) ss 11(1)(d), 15(3) Probate and Administration Act 1898 (NSW) s 84A
CATEGORY : Consequential orders
Bennett v Jones & Anor (1977) 2 NSWLR 355 Fiorentini v O'Neill [1998] NSWCA 79 Large v Higham & Ors [2010] NSWSC 104 CASES CITED : Large v Higham [No 2] [2010] NSWSC 560 Singer v Berghouse (No 2) (1994) 181 CLR 201 Re Raine (1929) 1 Ch 716 Walford v Walford [1912] AC 658
Plaintiff: John Stewart Large PARTIES : First Defendant: Christopher Higham (as Executor for the Estate of the late John Michael Large) Second Defendant: Maria Bernadette Large Third Defendant: Lausanne Pty Ltd (as Trustee for the JML Superannuation Fund)
FILE NUMBER(S) : SC 4997/07
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