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Bovaird v Frost [2009] NSWSC 337 — Breach Of Contract & Eligibility — Barrister AI

Bovaird v Frost

[2009] NSWSC 337

Supreme Court of NSW

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Interrogate

Catchwords

1. Damages
2. › Breach of contract
3. › Assessment of damages for breach of promise to fund Monica’s retirement accommodation and associated expenses for life
4. › relevant discount factor - Assessment of damages to provide to Leon an interest free unsecured loan to fund the redevelopment of Monica’s property
5. › whether Monica and/or Leon entitled to damages
6. › damages for failure to provide a loan
7. › whether alternate loan available
8. › onus of proof
1. Family Provision
2. › eligibility
3. › dependency
4. › where claimant has substantial assets and could fund own retirement accommodation
5. › dependency in fact
6. › circumstances warranting
7. › actual dependency at date of death
8. › relevance of deceased’s promise of support
9. › adequacy of provision
10. › where claimant is elderly with ongoing periodic needs - whether provision should be by lump sum or annuity

Case Details

Citation[2009] NSWSC 337

CourtNSWSC

JurisdictionNew South Wales

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Cited by22

2026Bruce v BruceNSWSC 900
2026Farrance v PergolNSWSC 382
2025Goulston v Bogasi Pty Ltd; Bogasi Pty Ltd v Sundell; Tamara Jane Goodwin asNSWSC 989
2024Mitchell v GibbinsNSWSC 1524
and 18 more after sign-in

Relies on40

2008Griffiths v WesternhagenNSWSC 851
2006Striker Resources Nl v Australian Goldfields Nl (In Liq)WASC 153
2006Monaco v Keegan; Blight v KeeganNSWSC 825
2006Vukic v Luca Grbin & Ors; Estate of Zvonko GrbinNSWSC 41
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