John Xavier Ogburn v Marita Beresford Ogburn; Dominic Ogburn v Marita Beresford Ogburn [2012] NSWSC 79

Supreme Court New South Wales

Medium Neutral Citation: John Xavier Ogburn v Marita Beresford Ogburn; Dominic Ogburn v Marita Beresford Ogburn [2012] NSWSC 79 Hearing dates: 13 to 16 February 2012 Decision date: 05 March 2012 Jurisdiction: Equity Division Before: Ball J Decision: See paragraphs 92 to 96 of this judgment. Catchwords: SUCCESSION - family provision and maintenance - position of adult children - position of widow - legitimate expectation of widow to maintain way of life shared with deceased - where married to deceased for approximately 30 years and contributed to purchase of property which forms part of estate - where property forms important part of widow's and deceased's shared lives. SUCCESSION - family provision and maintenance - notional estate - interrelation of question whether a notional estate order should be made and whether family provision order should be made - moral obligation to make adequate provision held not to outweigh moral obligation to widow -order made in relation to property acquired only for investment purposes. Legislation Cited: Family Provisions Act 1982 (NSW) Succession Act 2006 (NSW) Cases Cited: Bladwell v Davis [2004] NSWCA 170 Cropley v Cropley [2002] NSWSC 349 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Young & Grainger v Outtrim [2011] NSWSC 291 Category: Principal judgment Parties: John Xavier Ogburn (Plaintiff - 2010/421264) Dominic Ogburn (Plaintiff - 2010/422223) Marita Beresford Ogburn (Defendant) Representation: Mr J Priestley (Plaintiff: John Xavier Ogburn) Mr J E Armfield (Plaintiff: Dominic Ogburn) Mr S Hughes (Defendant) Susan Green (Plaintiff: John Xavier Ogburn) Theece, Hodgson & Ward (Plaintiff: Dominic Ogburn) Verekers (Defendant) File Number(s): 2010/421264 and 2010/422223