Cooper v Atkin [2021] NSWCA 82

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cooper v Atkin [2021] NSWCA 82 Hearing dates: 5 May 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Before: Payne JA; McCallum JA Decision: (1) Leave to appeal refused; (2) Applicant's notice of motion filed 3 May 2021 dismissed; (3) Applicant to pay the respondents' costs. Catchwords: SUCCESSION – family provision – claim by adult step-child of the deceased for provision under Ch 3 of the Succession Act 2006 (NSW) – whether primary judge did not make an order for provision in the applicant's favour by reason of disentitling conduct – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Succession Act 2006 (NSW), Ch 3, ss 57(1)(e), 59 Supreme Court Act 1970 (NSW), s 101(2)(r)(i) Cases Cited: Be Financial Pty Ltd as trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Burke v Burke [2015] NSWCA 195 Christie v Christie [2016] WASC 45 Hartnett and Hartnett v Taylor [2014] VSC 427 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Lathwell v Lathwell [2007] WASC 83 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Kristi Cooper (Applicant) Lynda Atkin (First Respondent) Andrew Helgesen (Second Respondent) Vanessa Nyassi (Third Respondent) Representation: Applicant in person File Number(s): 2020/208039 Publication restriction: Nil. Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2020] NSWSC 828 Date of Decision: 30 June 2020 Before: Hallen J File Number(s): 2018/374346