Meissner v Lindsay [2019] NSWSC 82

Supreme Court New South Wales

Medium Neutral Citation: Meissner v Lindsay [2019] NSWSC 82 Hearing dates: 12 February 2019 Date of orders: 12 February 2019 Decision date: 12 February 2019 Jurisdiction: Equity Before: Pembroke J Decision: See paragraph [29] Catchwords: FAMILY PROVISION – former spouse – prior property settlement orders – freedom of testamentary disposition – criminal history – size of estate Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Dijkhuijs v Barclay (1988) 13 NSWLR 639 Hampson v Hampson [2010] NSWCA 359 Lodin v Lodin [2017] NSWCA 327 Sgro v Thompson [2017] NSWCA 326 Steinmetz v Shannon [2018] NSWSC 1090 Category: Principal judgment Parties: Ladislaus Meissner – the plaintiff Pamela Lindsay – the defendant Representation: Counsel: Plaintiff – in person Mr K Morrissey – for the defendant

Solicitors: Ladislaus Meissner - plaintiff in person E Berman & Co – for the defendant File Number(s): 2013/260130

Judgment

Introduction 1. This is an application for a family provision order pursuant to the Succession Act 2006. There are many problems facing the plaintiff. I am afraid to say that the claim is virtually hopeless. It seems to have been presented solely on the basis of the plaintiff's needs and financial position, about which I am far from satisfied. No consideration has been given to other considerations including the entitlement of the deceased to the exercise of her freedom of testamentary disposition.