Bolinger v Bell (No 2); The Estate of Colin Bell [2022] NSWSC 1495

Bolinger v Bell (No 2); The Estate of Colin Bell [2022] NSWSC 1495

It is just and equitable to grant Donna-May Bolinger an interim property order of $750,000, secured over her real property, given her demonstrated need, the size and capacity of the deceased's estate, and her agreement to provide security, with consideration of all sums previously received. All related proceedings between the parties are to be heard consecutively in the Supreme Court, with evidence in one available in the other, to achieve efficiency and justice.

Parties
Plaintiff: Donna-May Bolinger; Defendant: Ned Bell
Jurisdiction
Australia
Judgment Date
03 November 2022
Procedural Posture
Interlocutory Application Within Cross Vested Family Law and Probate Proceedings / Ruling on Interim Property Order and Case Management Orders
Outcome
Interim property order granted in favour of Donna-May Bolinger; proceedings to be heard together consecutively in Supreme Court; further directions and final orders to follow at later date.
Legal Topics
Cross Vesting of Proceedings, Interim Property Orders, Case Management, Probate Proceedings, Family Provision, Spousal Maintenance, Litigation Funding
Civil Procedure Family Law Equity Succession Cross Vesting of Proceedings Interim Property Orders Case Management Probate Proceedings +3 more

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Parties

Donna-May Bolinger

Plaintiff

Ned Bell

Defendant

Procedural Posture

Interlocutory Application Within Cross Vested Family Law and Probate Proceedings / Ruling on Interim Property Order and Case Management Orders

Legal Issues

  1. 1 Whether to grant an interim property order to Donna-May Bolinger under s 79 of the Family Law Act 1975 (Cth)
  2. 2 How to manage and sequence Probate, Family Law, and Family Provision proceedings
  3. 3 Whether the proceedings should be consolidated, heard together, or sequentially in the Supreme Court and not transferred back to the Family Court

Ratio Decidendi

It is just and equitable to grant Donna-May Bolinger an interim property order of $750,000, secured over her real property, given her demonstrated need, the size and capacity of the deceased's estate, and her agreement to provide security, with consideration of all sums previously received. All related proceedings between the parties are to be heard consecutively in the Supreme Court, with evidence in one available in the other, to achieve efficiency and justice.

Court Disposition

Interim property order granted in favour of Donna-May Bolinger; proceedings to be heard together consecutively in Supreme Court; further directions and final orders to follow at later date.

Orders

  • Donna-May Bolinger to be paid $750,000 by way of interim property order, secured over her real property, with payment to be made within 14 days of security being provided.
  • Dismissal of Donna-May Bolinger's 3 May 2022 notice of motion.