NSW Caselaw
New South Wales Supreme Court
CITATION : Baychek v Baychek [2010] NSWSC 897
HEARING DATE(S) : 4 and 5 August 2010
JUDGMENT DATE : 18 August 2010
JUDGMENT OF : Ball J
DECISION : 1. Order that provision be made out of the estate in favour of the plaintiff in the amount of $183,000. 2. No order as to costs.
CATCHWORDS : FAMILY PROVISION ACT - adult daughter - deceased married defendant around the time plaintiff's mother died - dispute between plaintiff and deceased over distribution of mother's estate - court proceedings between deceased and daughter - relevance of court proceedings to daughter's claim
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
Brimaud v Honeysett Instant Printing Pty Ltd (1988) 217 ALR 44 Cetojevic v Cetojevic [2006] NSWSC 431 Cooper v Dungan (1976) 9 ALR 93 Grant v John Grant & Sons Pty Limited (1954) 91 CLR 112 Iletrait Pty Ltd v McInnes, NSWCA, Priestley, Handley JJA and Grove AJA, 17 April 1997, unreported CASES CITED : Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Singer v Berghouse (No. 2) [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191 Walker v Walker, SCNSW, Young J, 17 May 1996, unreported Wheatley v Wheatley [2006] NSWCA 262
PARTIES : Katherine Mary Vlasta Baychek (Plaintiff) Beverley Fay Baychek (Defendant)
FILE NUMBER(S) : SC 2009/288750
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