NSW Caselaw
New South Wales Supreme Court
CITATION : Moon v Abrahams [2010] NSWSC 69
HEARING DATE(S) : 27/10/09, 28/10/09, 29/10/09
JUDGMENT DATE : 17 February 2010
JURISDICTION : Equity Division
JUDGMENT OF : Macready AsJ at 1
DECISION : Paragraph 86 Parties to bring in short minutes.
CATCHWORDS : Family Provision application by adult daughter left with only small provsion as majority of deceased's estate passed to another daughter by survivorship. Minor further provision and plaintiff's costs capped.
PARTIES : Diana Jean Moon v Sharyn Maria Abrahams and Anor
FILE NUMBER(S) : SC 2303/08
COUNSEL : JS Drummond for plaintiff P Blackburn-Hart SC for defendant
SOLICITORS : GJ Harris & Co for plaintiff IE Duffield for defendant
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
Associate Justice Macready
Wednesday 17 February 2010
2303/2008 Diana Jean Moon v Sharyn Maria Abrahams and Robert Bruce Abrahams JUDGMENT 1 His Honour: This is the hearing of proceedings commenced by summons filed 11 April 2008 in which the plaintiff sought an order pursuant to s 7 of the Family Provision Act 1982 ("the Act") that provision be made for the plaintiff's maintenance and advancement in life out of the estate or notional estate, of Gwenda Jean Cawsey, who died on 12 October 2006. 2 An amended summons was filed at the hearing on 27 October 2009 which sought further relief by way of declarations that the deceased's interest in the proceeds of sale of property in Gestingthorpe Road, Perthville and the lands contained in folio identifier 31/DP87529 ("the Perthville Property") forms the deceased's notional estate pursuant to s 22 and s 23 of the Act and that the first and second defendants hold on trust for the deceased's estate, the deceased's interest in the proceeds of sale of the Perthville property. 3 On 26 October 2009 his Honour Justice White referred the whole of the proceedings to an Associate Judge for hearing. In the hearing no submissions were made in respect of the trust claim and the plaintiff relied instead upon the Court's power to designate jointly owned property as notional estate. Family History
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