O’Brien v Luscombe [2015] NSWSC 1404

O’Brien v Luscombe [2015] NSWSC 1404

Time for bringing the plaintiff’s application for family provision is not extended due to substantial and unexplained delay, absence of induced or reasonable belief justifying the delay, and significant prejudice to the defendant; the application is dismissed.

Source-derived case information.

Parties
Plaintiff: Lynette Betty O'Brien; Defendant: Belinda Gai Luscombe
Jurisdiction
Australia
Judgment Date
14 October 2015
Procedural Posture
Family Provision Application (succession Equity) / Final Judgment
Outcome
Application dismissed
Legal Topics
Family Provision, Extension of Time, Notional Estate, Distribution of Estate
Succession Law Equity Family Provision Extension of Time Notional Estate Distribution of Estate

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Parties

Lynette Betty O'Brien

Plaintiff

Belinda Gai Luscombe

Defendant

Procedural Posture

Family Provision Application (succession Equity) / Final Judgment

Legal Issues

  1. 1 Whether time for bringing the family provision application should be extended under Family Provision Act 1982 (NSW) s 16(2)
  2. 2 Whether the plaintiff would have succeeded if the application was brought in time
  3. 3 Whether any property should be designated as notional estate under s 24

Ratio Decidendi

Time for bringing the plaintiff’s application for family provision is not extended due to substantial and unexplained delay, absence of induced or reasonable belief justifying the delay, and significant prejudice to the defendant; the application is dismissed.

Court Disposition

Application dismissed

Orders

  • The plaintiff's claim is dismissed
  • The plaintiff is ordered to pay the defendant's costs of the proceedings