Thurlow v Thurlow [2015] NSWSC 1323

Thurlow v Thurlow [2015] NSWSC 1323

The Plaintiff had no evidence or reasonable prospect of establishing that any property or assets could form part of the estate or notional estate of the deceased; the proceedings are therefore frivolous or vexatious and must be dismissed under UCPR rule 13.4.

Parties
Plaintiff: William Lawrence Thurlow; Defendant: Lorraine Joyce Thurlow
Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Family Provision Claim / Summary Dismissal Application
Outcome
Plaintiff's proceedings dismissed with costs; leave granted to amend notice of motion; directions made for legal practitioner cost applications.
Legal Topics
Family Provision Order, Summary Dismissal, Notional Estate, Trusts, Costs Orders
Succession Law Equity Civil Procedure Family Provision Order Summary Dismissal Notional Estate Trusts Costs Orders

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 5 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

William Lawrence Thurlow

Plaintiff

Lorraine Joyce Thurlow

Defendant

Procedural Posture

Family Provision Claim / Summary Dismissal Application

Legal Issues

  1. 1 Whether there is any property that arguably could form part of the estate or notional estate of the deceased
  2. 2 If not, whether the proceedings are frivolous or vexatious under UCPR rule 13.4
  3. 3 Whether a resulting, constructive, or express trust can be established over certain properties

Ratio Decidendi

The Plaintiff had no evidence or reasonable prospect of establishing that any property or assets could form part of the estate or notional estate of the deceased; the proceedings are therefore frivolous or vexatious and must be dismissed under UCPR rule 13.4.

Court Disposition

Plaintiff's proceedings dismissed with costs; leave granted to amend notice of motion; directions made for legal practitioner cost applications.

Orders

  • Leave granted to Defendant/applicant to amend the notice of motion filed 10 June 2015 by substituting UCPR rule 13.1 with UCPR rule 13.4.
  • Plaintiff's proceedings be dismissed generally.