Hoolahan v Scali [2010] NSWSC 1349

New South Wales Supreme Court

CITATION : Hoolahan v Scali [2010] NSWSC 1349 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 25/10/10 and 26/10/10

JUDGMENT DATE : 25 November 2010

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

In lieu of the present provisions in the will of the deceased in favour of the plaintiff, she should receive: DECISION : (a) a bequest of Daley's Point. (b) a bequest of the deceased's boat (c) a legacy of $4 million.

CATCHWORDS : Family Provision. Application by a widow in respect of a $15 million estate. Provision limited to an annuity decreasing with age. Orders for provision of a legacy sufficient to provide an income stream and a property to enable the former lifestyle to continue.

PARTIES : Juliana Hoolahan v Ferdinando Scali & Rocco Scali (Estate of Ronald Francis Hoolahan)

FILE NUMBER(S) : SC 2009/290797

COUNSEL : Mr L EllisonSC for plaintiff Mr M Bradford for defendants

SOLICITORS : TressCox Lawyers for plaintiff Macpherson Kelley Lawyers Pty Ltd for defendants

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Associate Justice Macready

Thursday 25 November 2010

2009/290797 JULIANA HOOLAHAN v FERDINANDO SCALI & ROCCO SCALI (ESTATE OF THE LATE RONALD FRANCIS HOOLAHAN)

JUDGMENT 1 HIS HONOUR: This is an application under the Family Provision Act 1982 ('the Act') in respect of the estate of the late Ronald Francis Hoolahan who died on 24 February 2009, aged 63. He was survived by the plaintiff, his wife, Juliana, and four adult children of the marriage, Nicole, Danielle, Caitlin and Andrew.