Libbert v Mironow [2015] NSWSC 2153

Libbert v Mironow [2015] NSWSC 2153

The Court approved the release by Amanda Jane Mironow of her right to seek a further family provision order, satisfied it was to her advantage and that she had been appropriately advised, based on a lump sum provision of $500,000 from the assets of the estate, with no effect on her shareholding in Betty Libbert Pty Ltd.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Application for Approval of Release Pursuant to Succession Act S 95 / Orders Made by Consent, Judgment Ex Tempore
Outcome
Application for approval of release granted; orders made by consent.
Legal Topics
['family Provision' 'release of Rights' 'approval of Deed of Release']
['succession Law' 'equity'] ['family Provision' 'release of Rights' 'approval of Deed of Release']

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Procedural Posture

Application for Approval of Release Pursuant to Succession Act S 95 / Orders Made by Consent, Judgment Ex Tempore

Legal Issues

  1. 1 ["Whether the release of Amanda Jane Mironow's right to seek a further family provision order should be approved under Succession Act 2006, s 95" 'Proper construction and effect of the deed of release' 'Whether provision for the defendant from the estate is appropriate and advantageous']

Ratio Decidendi

The Court approved the release by Amanda Jane Mironow of her right to seek a further family provision order, satisfied it was to her advantage and that she had been appropriately advised, based on a lump sum provision of $500,000 from the assets of the estate, with no effect on her shareholding in Betty Libbert Pty Ltd.

Court Disposition

Application for approval of release granted; orders made by consent.

Orders

  • ['Amanda Jane Mironow to receive a lump sum legacy of $500,000 from the estate in addition to provision in clause 5 of the will, not bearing interest if paid by 24 December 2015 but otherwise bearing statutory interest.' 'Approval of the release by Amanda Jane Mironow of her right to seek a further family provision...