KRISTL v WALLINGTON [1995] NSWCA 250

KRISTL v WALLINGTON [1995] NSWCA 250

The appellant failed to establish error in the trial judge's discretion; findings that no factors warranted the application and that the estate was too small to permit provision for both sons and appellant are not unreasonable or plainly unjust.

Parties
Appellant: KRISTL; Respondent: WALLINGTON
Jurisdiction
Australia
Judgment Date
29 August 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Family Provision Act, Eligible Person, Discretion of Trial Judge
Succession Law Family Law Family Provision Act Eligible Person Discretion of Trial Judge

Case Brief

Summary, issues, holding and outcome

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Parties

KRISTL

Appellant

WALLINGTON

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there were factors warranting the making of the application under s9(1) of the Family Provision Act
  2. 2 Whether the trial judge erred in exercise of discretion in dismissing the application for provision from the estate

Ratio Decidendi

The appellant failed to establish error in the trial judge's discretion; findings that no factors warranted the application and that the estate was too small to permit provision for both sons and appellant are not unreasonable or plainly unjust.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.