Bosko Jelaca v Danica Jelaca [2000] NSWSC 869

Bosko Jelaca v Danica Jelaca [2000] NSWSC 869

The 1995 agreement and consent orders are set aside as unjust due to the plaintiff's limited understanding, special disadvantage, and lack of adequate advice; extension of time granted for Family Provision Act proceedings; defendant's share in property designated as notional estate due to special circumstances; the entirety of the estate (property and cash) is given to the plaintiff absolutely by way of family provision; s 66G proceedings are dismissed.

Parties
Plaintiff in 3015/97, Defendant in 5266/97: Bosko Jelaca; Defendant in 3015/97, Plaintiff in 5266/97: Danica Jelaca
Jurisdiction
Australia
Judgment Date
05 September 2000
Procedural Posture
Equity/family Provision and Conveyancing Applications / Judgment After Hearing Consolidated Matters
Outcome
Previous agreement and consent orders set aside; extension of time granted; property designated notional estate; further provision made to plaintiff; s 66G proceedings dismissed.
Legal Topics
Extension of Time Under Family Provision Act 1982, Setting Aside Consent Orders for Unconscionability, Conveyancing Act S 66 G Proceedings, Designation of Notional Estate, Contracts Review Act 1980
Equity Succession Property Family Provision Extension of Time Under Family Provision Act 1982 Setting Aside Consent Orders for Unconscionability Conveyancing Act S 66 G Proceedings Designation of Notional Estate +1 more

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Parties

Bosko Jelaca

Plaintiff in 3015/97, Defendant in 5266/97

Danica Jelaca

Defendant in 3015/97, Plaintiff in 5266/97

Procedural Posture

Equity/family Provision and Conveyancing Applications / Judgment After Hearing Consolidated Matters

Legal Issues

  1. 1 Whether the 1995 agreement and consent orders should be set aside on grounds including unconscionability and lack of understanding
  2. 2 Whether an extension of time should be granted for bringing Family Provision Act proceedings
  3. 3 Whether the defendant's share in property should be designated as notional estate

Ratio Decidendi

The 1995 agreement and consent orders are set aside as unjust due to the plaintiff's limited understanding, special disadvantage, and lack of adequate advice; extension of time granted for Family Provision Act proceedings; defendant's share in property designated as notional estate due to special circumstances; the entirety of the estate (property and cash) is given to the plaintiff absolutely by way of family provision; s 66G proceedings are dismissed.

Court Disposition

Previous agreement and consent orders set aside; extension of time granted; property designated notional estate; further provision made to plaintiff; s 66G proceedings dismissed.

Orders

  • The time within which to bring proceedings numbered 5266 of 1997 is extended pursuant to s 16(2) of the Family Provision Act 1982.
  • The agreement made on 14 July 1995 set out in paragraphs 5B, C and D of the Short Minutes of Order is declared void and of no effect.