NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Estate George Roby, deceased [2017] NSWSC 265 Hearing dates: 16 March 2017 Date of orders: 17 March 2017 Decision date: 17 March 2017 Jurisdiction: Equity Before: Lindsay J Decision: 1. Declaration as to entitlements to ownership of estate property, together with consequential orders.
2. Orders for family provision relief. Catchwords: WILLS – Construction – Right of residency conditional upon payment of expenses and continuing use as principal place of residence
SUCCESSION – Family Provision – Claim for relief under Family Provision Act 1982 NSW – Application for extension of time within which to apply – Modest relief granted Legislation Cited: Family Provision Act 1982 NSW Succession Act 2006 NSW Trustee Act 1925 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Fell v Fell (1922) 31 CLR 268 Garbett v Bear [2015] NSWSC 1524 Verzar v Verzar [2014] NSWCA 45 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Grace Alexandra Roby First Defendant: Amelia Marie Eagan (as representative of the Estate of George Roby, deceased) Second Defendant: Ian Bruce Roby Representation: Counsel: Plaintiff: L Ellison SC First Defendant: JD Beck Second Defendant: A Cheshire SC
Solicitors: Plaintiff: Corbett Jessop Law First Defendant: Howlin Gibson Solicitors Second Defendant: Goldrick Farrell Mullan Solicitors File Number(s): 2016/001780582017/00002123
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