Gloria Haklany v Joe Gittany & Ors [2011] NSWSC 1549

Supreme Court New South Wales

Medium Neutral Citation: Gloria Haklany v Joe Gittany & Ors [2011] NSWSC 1549 Hearing dates: 24 & 25 November 2011 Decision date: 25 November 2011 Before: Slattery J Decision: Order for provision made. Legacy awarded to plaintiff in the sum of $197,000. Catchwords: SUCCESSION - Family Provision Act 1982 (NSW) - single asset in estate, a debt - testator had six children, four sons and two daughters - daughters left out of will - one daughter makes a claim under Family Provision Act - whether order for provision should be made in favour of daughter. Legislation Cited: Family Provision Act 1982 (NSW) Cases Cited: Anderson v Teboneris [1990] VR 527 Singer v Berghouse (1993) 114 ALR 521 Taylor v Farrugia [2009] NSWSC 801 Young & Grainger v Outtrim [2011] NSWSC 391 Category: Principal judgment Parties: Plaintiff:- Gloria Haklany First Defendant:- Joe Gittany Second Defendant:- Charles Gittany Third Defendant:- Anthony Gittany Fourth Defendant:- Gittany Constructions Pty Ltd Fifth Defendant:- Julie Khouzame Representation: Plaintiff:- J.E.Armfield First Defendant:- Joe Gittany Second - Fourth Defendants:- D.Ash Plaintiff:- George Elias, Elias Gates & Associates First Defendant:- in person Second - Fourth Defendant:- Joe Weller, Joe Weller & Associates File Number(s): 2010/57166 Publication restriction: No.