Gersbach v Blake [2011] NSWSC 368

Supreme Court New South Wales

Medium Neutral Citation: Gersbach v Blake [2011] NSWSC 368 Hearing dates: 31 March 2011 Decision date: 03 May 2011 Jurisdiction: Equity Division Before: Hallen AsJ Decision: (a) Order that the time for making the Plaintiff's application be extended up to and including 6 August 2010, the date of the filing of the Summons. (b) Having found that the Plaintiff is an eligible person and that the provision made for her in the Will of the deceased is inadequate, order that she is to receive, a lump sum of $45,000. (c) Order that the lump sum should be paid within 42 days, failing which, interest on any amount not so paid, should be paid, such interest to be calculated at the rate prescribed on unpaid legacies in the Probate & Administration Act 1898 from that date until the date of payment. (d) Order that the burden of the provision made for the Plaintiff be borne by the Defendant. (e) Order that property should be the subject of a notional estate order. (f) If the parties are unable to reach agreement on the way in which the lump sum is to be paid, I shall, hear further submissions on designating the share in Alandar Pty Limited, or any other property, including the property at St Peters as notional estate, and whether I should order the Defendant to wind up that company, in order to satisfy the payment of the lump sum to her. (g) I defer making any order for costs until after these reasons are delivered and the parties have an opportunity to consider them. (h) Stand the proceedings over to a mutually convenient date for any argument as to the property to be the subject of the notional estate order and/or as to costs.