D J Singh v D H Singh & Anor [2017] NSWSC 269

D J Singh v D H Singh & Anor [2017] NSWSC 269

A formal order dismissing proceedings 2013/338156 is required as a necessary consequence of the findings in the judgment and the orders already made in respect of the corresponding claim in the Probate Proceedings, as both claims relied on the same evidence and submissions and stood or fell together.

Jurisdiction
Australia
Judgment Date
20 March 2017
Procedural Posture
Equity Probate / Consequential Orders After Trial and Appeal
Outcome
Proceedings dismissed
Legal Topics
['family Provision' 'orders Consequential to Judgment']
['succession Law'] ['family Provision' 'orders Consequential to Judgment']

Case Brief

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Procedural Posture

Equity Probate / Consequential Orders After Trial and Appeal

Legal Issues

  1. 1 ['Whether a formal order of dismissal should be made in the Further Proceedings 2013/338156 to give effect to the judgment on the claim for provision under the Succession Act 2006 (NSW)']

Ratio Decidendi

A formal order dismissing proceedings 2013/338156 is required as a necessary consequence of the findings in the judgment and the orders already made in respect of the corresponding claim in the Probate Proceedings, as both claims relied on the same evidence and submissions and stood or fell together.

Court Disposition

Proceedings dismissed

Orders

  • ['Proceedings 2013/338156 are dismissed.' 'Orders as to costs of those proceedings have already been made by agreement.']