Sprowles v Bertoldo [2007] NSWSC 1255

Sprowles v Bertoldo [2007] NSWSC 1255

Given plaintiff's medical and financial circumstances, and inability to return to the workforce, it would be appropriate for the plaintiff to be provided sufficient funds to acquire a modest home, taking into account her existing assets and the defendant’s substantial assets. An additional $350,000 is warranted as provision out of the notional estate.

Jurisdiction
Australia
Judgment Date
06 November 2007
Procedural Posture
Family Provision Application / Judgment
Outcome
Provision made in favour of the plaintiff
Legal Topics
['notional Estate' 'adequate Maintenance' 'disclosure of Financial Position']
['family Provision' 'succession Law'] ['notional Estate' 'adequate Maintenance' 'disclosure of Financial Position']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was left without adequate provision for maintenance, education and advancement in life' 'Whether separation between plaintiff and deceased impacts the plaintiff’s claim' 'Whether a provision for purchase of a home should be ordered']

Ratio Decidendi

Given plaintiff's medical and financial circumstances, and inability to return to the workforce, it would be appropriate for the plaintiff to be provided sufficient funds to acquire a modest home, taking into account her existing assets and the defendant’s substantial assets. An additional $350,000 is warranted as provision out of the notional estate.

Court Disposition

Provision made in favour of the plaintiff

Orders

  • ["First defendant's GEMI Investment and interest in 4 Wrench Place, Kenthurst designated as notional estate to extent necessary to meet orders" 'Provision of $350,000 to plaintiff out of notional estate pursuant to Section 7 of Family Provision Act 1982' 'First defendant to pay plaintiff $350,000' 'No interest if...