Savic & Ors v Kim [2010] NSWSC 1401

Savic & Ors v Kim [2010] NSWSC 1401

No provision should be made for Plaintiffs because the estate, actual and notional, is insufficient to meet all claims and the Defendant's competing claim as de facto spouse of 25 years is strong. Adequate provision was not made, but the practical effect of any order would require sale of the matrimonial home and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 December 2010
Procedural Posture
Family Provision Application / Judgment/final Determination
Outcome
Family provision applications dismissed
Legal Topics
['family Provision' 'adequacy of Provision' 'testamentary Disposition' 'competing Claims' 'small Estate']
['succession Law'] ['family Provision' 'adequacy of Provision' 'testamentary Disposition' 'competing Claims' 'small Estate']

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Procedural Posture

Family Provision Application / Judgment/final Determination

Legal Issues

  1. 1 ['Whether each Plaintiff has been left without adequate provision for proper maintenance and advancement in life' 'Whether provision should be made for spouse and children in circumstances of small estate left entirely to de facto wife']

Ratio Decidendi

No provision should be made for Plaintiffs because the estate, actual and notional, is insufficient to meet all claims and the Defendant's competing claim as de facto spouse of 25 years is strong. Adequate provision was not made, but the practical effect of any order would require sale of the matrimonial home and deprive the Defendant, outweighing the Plaintiffs' claims. Thus, the Court exercised discretion not to make a family provision order.

Court Disposition

Family provision applications dismissed

Orders

  • ['The proceedings are heard consecutively with evidence in one being evidence in the other.' 'Each Summons is dismissed.' "No order as to Plaintiffs' costs; each bears own costs." 'Exhibits and court books to be returned.']