Lakshmanan v Lakshmanan [2011] NSWSC 1531

Supreme Court New South Wales

Medium Neutral Citation: Lakshmanan v Lakshmanan [2011] NSWSC 1531 Hearing dates: 05/12/2011, 06/12/2011 Decision date: 09 December 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)In lieu of the provisions of the will of the deceased made for the plaintiff, that the plaintiff receive a bequest of: (a) the deceased's house at Milperra, free of any mortgage; (b) the 2005 Mercedes C200 Compressor; (c) the deceased's diamond ring, gold drop cluster with chain. (2)In lieu of the provision for residue, that the two defendants receive the residue equally. (3)Subject to any submissions, I will order that the plaintiff's costs on the ordinary basis and the defendants' on an indemnity basis be paid or retained out of the estate of the deceased. (4)I order that the exhibits be returned and that the parties are directed to retain the exhibits for four months. Catchwords: SUCCESSION LAW - application for family provision order - plaintiff the second wife of the deceased - whether provision inadequate - family provision order made Legislation Cited: Succession Act 2006 Family Provision Act 1982 Cases Cited: Bladwell v Davis [2004] NSWCA 170 Luciano v Rosenblum (1985) 2 NSWLR 65 Marshall v Carruthers [2002] NSWCA 47 Singer v Berghouse (1994) 181 CLR 201 Golosky v Golosky (NSWCA, 5 October 1993, unreported) Category: Principal judgment Parties: Rahda Lakshmanan (plaintiff) Vittoria Lakshmanan (first defendant) Regina Erin Lakshmanan (second defendant) Representation: Mr M Condon (plaintiff) Ms S Orman-Hales (defendants) Vaughan Zarb & Co (plaintiff) JPR Legal (defendants) File Number(s): 2010/00368014