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Blair v Blair
[2012] NZHC 2957
Citation 1
…rement has been satisfied and, where relevant, bringing into consideration the testator’s moral obligation to the claimant.[20] [19] [2004] 10 VR 69 [20] at 76…
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Goodman v Windeyer
[1980] HCA 31
Citation 2
…r further provision for maintenance and support.[37] [37] Grey v Harrison (supra) at 363; Dun v Dun (1957) 99 CLR 325, at 331, and Goodman v Windeyer (1980) 144 CLR 490, at 499 80 The factors which have persuaded me that the deceased was both unwise and unjust and in breach of her moral duty are as follows: (a) The d…
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White v Barron
[1980] HCA 14
Citation 3
…hildren had he been fully aware of all the relevant circumstances.”[25] [24] [1922] NZLR 218 [25] at 220. I was also referred to White v Barron (1980) 144 CLR 431, per Stephen J, at 440; Collicoat v McMillan [1999] 3 VR 803, per Ormiston J, at 818-819…
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Dun v Dun
[1957] HCA 91
Citation 4
…es apparent at the time when an order is sought for further provision for maintenance and support.[37] [37] Grey v Harrison (supra) at 363; Dun v Dun (1957) 99 CLR 325, at 331, and Goodman v Windeyer (1980) 144 CLR 490, at 499 80 The factors which have persuaded me that the deceased was both unwise and unjust and in…
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Lieberman v Morris
[1944] HCA 13
Citation 5
…n the continued receipt of social services by a testator was fraught with problems.[31] [30] [1992] 2 VR 417 [31] at 424, and also Lieberman v Morris (1944) 69 CLR 69, per Rich J, at 85-86; Shah v Perpetual Trustee Co (1981) 7 Fam LR 97; Bondelmonte v Blanckensee [1989] WAR 305 and Ross v Ross; McLean v Ross [2002]…
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MacEwan Shaw v Shaw
[2003] VSC 318
Citation 6
…ton J considered a claim made by grandchildren who contended that their grandparents had assumed the primary responsibility to provide for them. [14] (2003) 11 VR 95 28 Dodds-Streeton J considered a number of authorities of the Supreme Court and from other jurisdictions which established that there is no moral obl…
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Ross v Ross
[2002] VSC 544
Citation 7
…CLR 69, per Rich J, at 85-86; Shah v Perpetual Trustee Co (1981) 7 Fam LR 97; Bondelmonte v Blanckensee [1989] WAR 305 and Ross v Ross; McLean v Ross [2002] VSC 544 47 It occurs to me that Margaret is in somewhat of a precarious position. She has a modest income provided from government sources. The cost of her a…
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Harris v Bennett (No 1)
[2002] VSC 139
Citation 8
…[15] [15] Paragraphs 57-95, and particularly, Sherlock v Guest [1999] VSC 431; Leahey v Trescowthick [1999] VSC 409, and Harris v Bennett and O'Brien [2002] VSC 139 29 After considering these authorities and the facts on which the application was based, Her Honour made the following observation: “In my opinion, h…
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Coller v Coller
[1998] VSC 80
Citation 9
…30] Hedigan J said as much, adding that reliance on the continued receipt of social services by a testator was fraught with problems.[31] [30] [1992] 2 VR 417 [31] at 424, and also Lieberman v Morris (1944) 69 CLR 69, per Rich J, at 85-86; Shah v Perpetual Trustee Co (1981) 7 Fam LR 97; Bondelmonte v Blanck…