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Manly v The Public Trustee of Qld[2008] QCA 198

Manly v The Public Trustee of Qld[2008] QCA 198

CITATION: Manly v The Public Trustee of Qld [2008] QCA 198
JUDGE(S): McMurdo P, Mackenzie AJA, Daubney J
DELIVERED ON: 25 July 2008
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Editorial Notes

  • Published Case Name:

    Manly v The Public Trustee of Qld & Anor

  • Shortened Case Name:

    Manly v The Public Trustee of Qld

  • MNC:

    [2008] QCA 198

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Mackenzie AJA, Daubney J

  • Date:

    25 Jul 2008

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 38818 Dec 2007Application for provision out of estate for further maintenance under s 41 Succession Act; applicant not demonstrated that the jurisdiction of the court is enlivened to alter the distribution made to her under the Will: McMeekin J.
Primary Judgment[2008] QSC 4714 Mar 2008Costs following judgment on application for provision; Public Trustee's costs paid out of the estate on the indemnity basis, and beneficiaries have costs paid out of the estate assessed on the standard basis: McMeekin J.
Appeal Determined (QCA)[2008] QCA 19825 Jul 2008Appeal dismissed with costs; appeal against dismissal of application for provision under will s 41 Succession Act; short marriage and no real contribution to the estate; no error by trial judge in the evaluative exercise for the purposes of determining the jurisdictional issue under s 41: McMurdo P, Mackenzie AJA and Daubney J.

Appeal Status

Appeal Determined (QCA)

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