Davy v Black No 2 [2012] NSWSC 361

Davy v Black No 2 [2012] NSWSC 361

No sufficient ground identified for review or variation under UCPR 36.16(3A), as alleged errors do not warrant reopening and the defendant's failure to disclose assets is relevant; motion to vary is dismissed; costs on ordinary basis; interest to be ordered on legacy if not paid within deadline.

Jurisdiction
Australia
Judgment Date
12 April 2012
Procedural Posture
Consequential Orders Application / Post Judgment Motion to Vary Judgment
Outcome
Motion to vary judgment dismissed; costs awarded on ordinary basis; interest ordered on legacy if unpaid within 14 days.
Legal Topics
['family Provision' 'variation of Judgment' 'costs' 'interest on Legacy']
['succession Law' 'equity'] ['family Provision' 'variation of Judgment' 'costs' 'interest on Legacy']

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Procedural Posture

Consequential Orders Application / Post Judgment Motion to Vary Judgment

Legal Issues

  1. 1 ['Is there power to review or vary the previous judgment within UCPR 36.16(3A)?' 'Was there a misapprehension of fact or law that justifies reopening or varying the legacy amount?' 'Should costs be awarded on an indemnity basis?' 'Should interest be ordered on the legacy?']

Ratio Decidendi

No sufficient ground identified for review or variation under UCPR 36.16(3A), as alleged errors do not warrant reopening and the defendant's failure to disclose assets is relevant; motion to vary is dismissed; costs on ordinary basis; interest to be ordered on legacy if not paid within deadline.

Court Disposition

Motion to vary judgment dismissed; costs awarded on ordinary basis; interest ordered on legacy if unpaid within 14 days.

Orders

  • ['I decline to vary the judgment.' 'I dismiss the motion with costs.' 'I decline to make the costs orders on the indemnity basis and the costs will be on the ordinary basis.' "I order that interest be paid on the legacy if it is not paid within 14 days of today's date and from that date at the rate provided for...