Bose v Bose [2013] NSWSC 327

Supreme Court New South Wales

Medium Neutral Citation: Bose v Bose [2013] NSWSC 327 Hearing dates: 25, 28 September 2012 and 26 March 2013 Decision date: 26 March 2013 Jurisdiction: Equity Division Before: Gzell J Decision: Further Amended Summons dismissed with no order as to plaintiff's costs. Disbursements out of estate for self-represented defendant. Catchwords: SUCCESSION - Family Provision and Maintenance - Circumstances precluding relief - Uniform Civil Procedure Rules 2005, Pt 54 - whether defendant executor and trustee should be ordered to pay most of balance of estate to plaintiff his former wife to be held in trust for their daughter - whether a departure from proper administration - whether an extension of time to make application by daughter under Family Provision Act 1982 should be granted under s 16 - entire estate left to daughter at 21 with power of advancement by executor and trustee Legislation Cited: Family Provision Act 1982 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allchin v Allchin [2012] NSWSC 1028 David v Frowd (1833) 1 My & K 200 at 208; 39 ER 657 Fancett v Ware (Supreme Court of New South Wales, 3 June 1996, unreported) Fitzpatrick v Waring (1882) 11 LR Ir 35, 44 Gonzalez v Claridades [2003] NSWCA 227; (2003) 58 NSWLR 211 Hudson v Gray (1927) 39 CLR 473 Lewis v Lewis [2001] NSWSC 321 Re Hazeldine's Trusts [1908] 1 Ch 34 Re Gaydon [2001] NSWSC 473 Re Royle (1889) 43 Ch D 18 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Suffolk v Lawrence (1884) 32 WR 899 Templeton v Leviathan Pty Ltd (1921) 30 CLR 34 Westfield QLD No 1 Pty Ltd v Lend Lease Real Estate Investments Ltd [2008] NSWSC 516 Category: Principal judgment Parties: Shruti Bose (First plaintiff) Sudarshana Bose (Second plaintiff) Satyajit Bose (Defendant) Representation: Counsel: P O'Loughlin (Plaintiffs) Solicitors: Beilby Poulden Costello (Plaintiffs)