Coote v Coote [2021] NSWSC 59

Supreme Court New South Wales

Medium Neutral Citation: Coote v Coote [2021] NSWSC 59 Hearing dates: 17 and 18 August 2020, 25 September 2020, 11 December 2020 Date of orders: 9 February 2021 Decision date: 09 February 2021 Jurisdiction: Equity Before: Robb J Decision: Order for further provision made in favour of plaintiff. See par [198]. Catchwords: SUCCESSION — Family provision — Claim by adult child — Whether inadequate and proper provision made for the plaintiff and, if so, the nature and quantum of the provision to be made — where the plaintiff has numerous and significant ailments — where the plaintiff has no superannuation or fund to preserve him against the vicissitudes of life — where it is alleged that the plaintiff and his former spouse are either in a de facto relationship or a relationship of financial interdependence — where, consequently, it is alleged that there has not been a full and frank disclosure of the former spouse's financial circumstances — where the Court accepts that the plaintiff and his former spouse do not have a de facto relationship or a relationship of financial interdependence — where there is no basis for the submission that there was some default in the evidence provided that leaves open the possibility that the financial resources available to the plaintiff are significantly greater than acknowledged — where there was a level of estrangement between the deceased and the plaintiff — where legal costs have resulted in a significant diminution of the deceased's estate — further family provision ordered. Legislation Cited: Evidence Act 1995 (NSW) Succession Act 2006 (NSW) Cases Cited: Anderson v Hill [2017] NSWSC 1149 Armitage v Fraser [2020] NSWSC 979 Blendell v Blendell; Blendell v Blendell [2020] NSWCA 154 Chan v Chan [2016] NSWCA 222 Henry v Hancock [2016] NSWSC 71 John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Smith v Moore [2020] NSWSC 1446 Squire v Squire [2019] NSWCA 90 Steinmetz v Shannon (2019) 99 NSWLR 687; [2019] NSWCA 114 Strang v Steiner [2019] NSWCA 143 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Neil William Coote (plaintiff) Brian Thomas Coote (defendant) Representation: Counsel: K Morrissey (plaintiff) C Hodgson (defendant)