Ellem v Webber [2020] NSWSC 910

Supreme Court New South Wales

Medium Neutral Citation: Ellem v Webber [2020] NSWSC 910 Hearing dates: 16 June 2020 Decision date: 16 July 2020 Jurisdiction: Equity Before: Robb J Decision: See pars [240] to [243]. Plaintiff should provide draft short minutes of order to my Associate to give effect to these reasons for judgment after discussion with the defendants. Catchwords: SUCCESSION — Family provision — Claim by adult child — Whether adequate and proper provision made for the plaintiff and, if not, the nature and quantum of the provision to be made — where applicant and deceased estranged through no fault of the applicant — where testator has failed to make sufficient provision for the applicant — order for further provision made Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Goodman v Windeyer (1980) 144 CLR 490; [1980] HCA 31 Harris v Carter [2020] NSWSC 196 McCosker v McCosker (1957) 97 CLR 566; [1957] HCA 82 Pilotto v Cosoleto; Papi & Papi v Cosoleto and Cosoleto v Cosoleto [2019] NSWSC 1454 Sgro v Thompson [2017] NSWCA 326 Category: Principal judgment Parties: Cheryl Ellem (plaintiff) Michael John Webber (first defendant) Marie Therese Chambers (second defendant) Representation: Counsel: S Chapple (plaintiff) M Graham (defendants)

Solicitors: Andrew Sheeley & Associates (plaintiff) HepMac Lawyers (defendants) File Number(s): 2018 / 351164

Judgment 1. The plaintiff, Cheryl Ellem, is the thirteenth child of the late Terrence Victor Webber, who died on 20 November 2017. 2. Carmel Webber, who was the wife of the deceased and the mother of all of his children, died in May 2019. 3. By summons filed on 15 November 2018, the plaintiff seeks an order pursuant to s 59 of the Succession Act 2006 (NSW) (the Succession Act) for further provision for her maintenance, education and advancement in life out of the estate of the deceased.