Jones v Krawczyk [2011] NSWSC 139

Supreme Court New South Wales

Medium Neutral Citation: Jones v Krawczyk [2011] NSWSC 139 Hearing dates: 25 November 2010 Decision date: 04 February 2011 Before: White J Decision: Refer to para 52 of judgment Catchwords: WILL - Construction - Public policy - Condition affecting eligibility for appointment as trustee of trust of which primary beneficiary - Ineligible for appointment as trustee so long as married to or in cohabitation with specified person - Not debarred from receiving the corpus of estate while remaining married to or in cohabitation with specified person - Effect on marital relations - Whether likely to induce divorce and separation - Whether causes significant discord or friction in marriage Legislation Cited: Marriage Act 1928 (Vic) Family Law Act 1975 (Cth) Succession Act 2006 (NSW) Cases Cited: Ramsay v Trustees Executors and Agency Co Ltd [1948] HCA 44; (1948) 77 CLR 321 Trustees of Church Property of the Diocese of Newcastle v Ebbeck [1960] HCA 38; (1960) 104 CLR 394 Ellaway v Lawson [2006] QSC 170 Seidler v Schallhofer [1982] 2 NSWLR 80; (1982) 8 Fam LR 598 Texts Cited: Halsbury's Laws of Australia Category: Principal judgment Parties: Zofia Maria Jones - Plaintiff John Krawczyk - Defendant Representation: Counsel: R Harris SC - Plaintiff L Judge - Defendant Solicitors: Craddock Murray Neumann - Plaintiff Williams Roncolato Lawyers - Defendant File Number(s): 2010/137822