NSW Caselaw
New South Wales Supreme Court
CITATION : Evans v Levy [2010] NSWSC 504
HEARING DATE(S) : 29 April 2010
JUDGMENT DATE : 21 May 2010
JUDGMENT OF : McLaughlin AsJ
1. I order that the summons be dismissed. DECISION : 2. I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis. 3. I order that the Defendant be entitled to recoup from the estate of the late Willem Mooy ("the Deceased") the difference between the foregoing costs which he may recover from the Plaintiff and the costs of the Defendant on the indemnity basis. 4. The exhibits may be returned.
CATCHWORDS : SUCCESSION - family provision - claim by adult step-daughter - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for her proper maintenance - factors which warrant making of application - competing claim of beneficiaries.
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
Re Fulop Deceased (1987) 8 NSWLR 679 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 CASES CITED : Walker v Walker [1996] NSWSC 188 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19 Lloyd-Williams v Mayfield [2005] NSWCA 189; (2005) 63 NSWLR 1
PARTIES : Maria Evans (Plaintiff) Francis Laurence Levy (Defendant)
FILE NUMBER(S) : SC 2009/288018
COUNSEL : Mr G. McNally, SC (Plaintiff) Mr J. Lo Schiavo (Defendant)
SOLICITORS : Matthews Dooley & Gibson (Plaintiff) Forbes- Smith and Company (Defendant)
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