Tarbes v Taleb (No 2) [2023] NSWSC 809

Tarbes v Taleb (No 2) [2023] NSWSC 809

To give effect to the principal judgment's finding that adequate provision for the plaintiff was a $2.5 million lump sum, the Court ordered staged sales and payments from estate real property, balancing the plaintiff's immediate need for accommodation funds against the beneficiaries' interest in obtaining an increased price from an extended sale of the Bringelly property. Larger interim payments, a four-day access notice, the plaintiff's proposed timing for vacant possession, broader liberty to apply, and interest from two years after the orders were appropriate; a notation as to anticipated sale price, automatic $100,000 delayed-sale payments, and a fixed time for payment of the...

Jurisdiction
Australia
Judgment Date
10 July 2023
Procedural Posture
Family Provision Claim / Consequential Orders to Give Effect to Reasons for Judgment
Outcome
Orders made to give effect to order for provision.
Legal Topics
['family Provision' 'provision Out of Deceased Estate' 'sale of Estate Real Property' 'costs From Deceased Estate' 'interest on Lump Sum Provision' 'liberty to Apply']
['succession' 'equity'] ['family Provision' 'provision Out of Deceased Estate' 'sale of Estate Real Property' 'costs From Deceased Estate' 'interest on Lump Sum Provision' 'liberty to Apply']

Case Brief

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Procedural Posture

Family Provision Claim / Consequential Orders to Give Effect to Reasons for Judgment

Legal Issues

  1. 1 ['Whether a notation should be made regarding the anticipated sale price of two properties.' 'How much money should be paid to the plaintiff from the proceeds of sale of the Run-O-Waters property and the Sanctuary Point property.' 'Whether there should be a notice period for the defendants to access the Bringelly property.' 'When the plaintiff should give vacant possession of the Bringelly property.' 'What should occur if completion of sale of the Bringelly property is delayed for more than 24 months after the date of sale of the Sanctuary Point property.' 'What should be the extent of liberty to apply.' 'When interest on the lump sum should run from.' "Whether an order should be made for payment of the plaintiff's costs within a particular time."]

Ratio Decidendi

To give effect to the principal judgment's finding that adequate provision for the plaintiff was a $2.5 million lump sum, the Court ordered staged sales and payments from estate real property, balancing the plaintiff's immediate need for accommodation funds against the beneficiaries' interest in obtaining an increased price from an extended sale of the Bringelly property. Larger interim payments, a four-day access notice, the plaintiff's proposed timing for vacant possession, broader liberty to apply, and interest from two years after the orders were appropriate; a notation as to anticipated sale price, automatic $100,000 delayed-sale payments, and a fixed time for payment of the...

Court Disposition

Orders made to give effect to order for provision.

Orders

  • ["Order pursuant to s 59 Succession Act 2006 (NSW), that in lieu of his entitlements under the Will of the late Fekrat Taleb dated 16 October 2018, the plaintiff receive by way of provision a lump sum of $2.5 million out of the deceased's estate." 'Order that the defendants list the Run-O-Waters Property within one...