Taylor v Farrugia [2009] NSWSC 801

Taylor v Farrugia [2009] NSWSC 801

The Court only has jurisdiction to make orders affecting immovable property of the deceased located in New South Wales but may consider foreign assets and law to inform provision. The plaintiffs were not adequately provided for; provision under the Maltese reserved portion would be difficult to realise. Adequate and proper provision for the children as eligible persons required orders distributing proceeds of NSW property, conditional on plaintiffs forgoing any claim to the reserved portions under Maltese law.

Jurisdiction
Australia
Judgment Date
05 June 2009
Procedural Posture
Family Provision / Judgment
Outcome
Orders for provision made in favour of plaintiffs conditional on forgoing Maltese reserved portions; proceedings in 1174/06 dismissed
Legal Topics
['family Provision' 'jurisdiction Over Overseas Assets' 'extension of Time Application' 'provision for Adult Children']
['succession' 'private International Law'] ['family Provision' 'jurisdiction Over Overseas Assets' 'extension of Time Application' 'provision for Adult Children']

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Procedural Posture

Family Provision / Judgment

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to deal with assets of the estate, including Maltese assets' 'Whether adequate provision was made for the proper maintenance, education and advancement of the plaintiffs' 'Whether time should be extended for some plaintiffs to bring application' 'The impact of Maltese law (reserved portions) on distribution of estate assets in NSW']

Ratio Decidendi

The Court only has jurisdiction to make orders affecting immovable property of the deceased located in New South Wales but may consider foreign assets and law to inform provision. The plaintiffs were not adequately provided for; provision under the Maltese reserved portion would be difficult to realise. Adequate and proper provision for the children as eligible persons required orders distributing proceeds of NSW property, conditional on plaintiffs forgoing any claim to the reserved portions under Maltese law.

Court Disposition

Orders for provision made in favour of plaintiffs conditional on forgoing Maltese reserved portions; proceedings in 1174/06 dismissed

Orders

  • ["Plaintiffs Josephine Taylor (25%), George Farrugia (12.5%), Teresa Murdoch (25%), Mary Lee O'Reilly (25%), and Joseph Farrugia (12.5%) to share net proceeds of sale of NSW properties at Lot 24 and 25 Gordon Road, Schofields, after payment of liabilities and costs, in lieu of provision made by the will." 'Each...