MEDNICK v SAXON [1996] NSWCA 357

MEDNICK v SAXON [1996] NSWCA 357

The Court ordered by consent that the executor pay $10,000 to the claimant within seven days and the remaining $65,000 within seven days of the completion of sale of the home unit; costs of the application were reserved to the Court hearing the appeal.

Parties
Claimant: Mednick; Executor: Saxon
Jurisdiction
Australia
Judgment Date
17 June 1996
Procedural Posture
Family Provision Act Appeal / Application for Expedition of Appeal and Payment Pending Appeal
Outcome
Application for partial payment granted by consent; expedition application referred to Expedition Judge; costs reserved to the appeal court.
Legal Topics
Family Provision Act, Expedition of Appeal, Payment of Provision Prior to Appeal Determination
Succession Law Family Provision Act Expedition of Appeal Payment of Provision Prior to Appeal Determination

Case Brief

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Parties

Mednick

Claimant

Saxon

Executor

Procedural Posture

Family Provision Act Appeal / Application for Expedition of Appeal and Payment Pending Appeal

Legal Issues

  1. 1 Whether payments should be made to the claimant pending outcome of Family Provision Act appeal
  2. 2 Whether the appeal should be expedited

Ratio Decidendi

The Court ordered by consent that the executor pay $10,000 to the claimant within seven days and the remaining $65,000 within seven days of the completion of sale of the home unit; costs of the application were reserved to the Court hearing the appeal.

Court Disposition

Application for partial payment granted by consent; expedition application referred to Expedition Judge; costs reserved to the appeal court.

Orders

  • Executor to pay $10,000 to claimant within seven days
  • Executor to pay balance ($65,000) within seven days of completion of sale of home unit