Jordan v Calver [2012] NSWSC 349

The proceedings were dismissed because the estate had no funds left and no notional estate could be designated, so the plaintiff's family provision claim could not succeed.

Jurisdiction: Australia
Judgment Date: 12 April 2012
Procedural Posture: Family Provision Claim Under the Family Provision Act 1982 / Hearing of Defendants' Notice of Motion Seeking That the Summons Be Struck Out
Outcome: Proceedings dismissed with costs.
Legal Topics: ['summary Dismissal' 'no Funds in Estate' 'notional Estate' 'estate Administration Costs' 'costs']

['succession Law' 'family Provision'] ['summary Dismissal' 'no Funds in Estate' 'notional Estate' 'estate Administration Costs' 'costs']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Family Provision Claim Under the Family Provision Act 1982 / Hearing of Defendants' Notice of Motion Seeking That the Summons Be Struck Out

Legal Issues

1 ['Whether the summons should be struck out or the proceedings dismissed where the estate had no funds and there was no notional estate that may be designated.']

Ratio Decidendi

The proceedings were dismissed because the estate had no funds left and no notional estate could be designated, so the plaintiff's family provision claim could not succeed.

Court Disposition

Proceedings dismissed with costs.

Orders

["I dismiss the proceedings and order the plaintiff to pay the defendants' costs."]