Brindley v Wade [2019] NSWSC 303

Brindley v Wade [2019] NSWSC 303

The Defendant's application for summary dismissal could not succeed, as there were facts in issue that required determination at a final hearing; accordingly, the notice of motion was dismissed and costs ordered as Plaintiff's costs in the cause.

Jurisdiction
Australia
Judgment Date
21 March 2019
Procedural Posture
Family Provision Claim / Interlocutory (application for Summary Dismissal)
Outcome
Defendant's notice of motion for summary dismissal dismissed; costs ordered as Plaintiff's costs in the cause.
Legal Topics
['family Provision Order' 'summary Dismissal' 'costs' 'case Management']
['succession Law' 'equity' 'practice and Procedure'] ['family Provision Order' 'summary Dismissal' 'costs' 'case Management']

Case Brief

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Procedural Posture

Family Provision Claim / Interlocutory (application for Summary Dismissal)

Legal Issues

  1. 1 ["Whether the Plaintiff's proceedings for family provision should be summarily dismissed under UCPR rule 13.4" 'Whether the Plaintiff is unable to establish factors warranting the making of her application' 'Whether proceedings are frivolous or vexatious']

Ratio Decidendi

The Defendant's application for summary dismissal could not succeed, as there were facts in issue that required determination at a final hearing; accordingly, the notice of motion was dismissed and costs ordered as Plaintiff's costs in the cause.

Court Disposition

Defendant's notice of motion for summary dismissal dismissed; costs ordered as Plaintiff's costs in the cause.

Orders

  • ["Defendant's notice of motion filed on 11 February 2019 dismissed." "Costs of the notice of motion be the Plaintiff's costs in the cause." "No order as to Defendant's costs of the notice of motion." 'Notice of motion brought with consent of all beneficiaries.' 'Defendant to serve affidavits required by Practice...