Ali v Ali [2011] NSWSC 261

Supreme Court New South Wales

Medium Neutral Citation: Ali v Ali [2011] NSWSC 261 Hearing dates: 21 and 22 February 2011 Decision date: 07 April 2011 Before: Tamberlin AJ Decision: 1. In proceeding 2008/281384 order that: a) pursuant to s 7 of the Family Provision Act 1982 (NSW), provision be made from the estate of the deceased for each of the plaintiffs to receive a one-third share of the net distributable value of the estate after the taking of accounts; b) otherwise the proceeding be dismissed; c) costs of this proceeding be paid from the estate of the deceased on an indemnity basis. d) liberty to apply on 2 days' notice 2. In proceeding 2010/211560 order that: a) the matter be referred to an Associate Justice of the Equity Division to inquire into and assess the amount of rent paid to the defendant by the tenant of the property at 41a Esk Avenue, Green Valley, as well as any reasonable expenses relating to the proper repair or maintenance of the premises incurred by the defendant; b) the defendant pay to the first plaintiff all rental moneys paid to her by the tenant of the property at 41a Esk Avenue, Green Valley, less any reasonable expenses relating to the proper repair or maintenance of the premises following the inquiry referred to in order 2(a) above; c) the matter be referred to an Associate Justice of the Equity Division to inquire into and assess the amount of rent paid to the defendant by the tenant of the property at 41b Esk Avenue, Green Valley, as well as any reasonable expenses relating to the proper repair or maintenance of the premises incurred by the defendant; d) the defendant pay to the first plaintiff all rental moneys paid to her by the tenant of the property at 41b Esk Avenue, Green Valley, less any reasonable expenses relating to the proper repair or maintenance of the premises following the inquiry referred to in order 2(c) above; e) costs of this proceeding be paid from the estate of the deceased on an indemnity basis. f) liberty to apply on 2 days' notice. Catchwords: WILLS AND ESTATES - intestacy - family provision claim -power to make orders affecting immovable property of deceased in New South Wales - no power to make orders affecting property outside of New South Wales - orders to adjust entitlements of claimants on intestacy appropriate.