Schneider v Kemeny; Kemeny v Schneider [2021] NSWSC 524

Supreme Court New South Wales

Medium Neutral Citation: Schneider v Kemeny; Kemeny v Schneider [2021] NSWSC 524 Hearing dates: 9 – 11 November 2020 Date of orders: Parties to bring in minutes of order. Decision date: 13 May 2021 Jurisdiction: Equity Before: Rees J Decision: Family provision claim dismissed. Orders for possession. Catchwords: SUCCESSION – family provision – claim by second husband – disparity of assets on marriage – couple agreed to leave assets to their respective children – re-executed Wills on marriage to that effect – maintained separate finances – husband lived in wife's property and paid half market rent and household expenses – wife diagnosed with melanoma – 10 year battle with disease – daughter and husband support wife in medical treatment – wife pays medical expenses and carers – daughter and husband provide some care – husband presses wife to change Will – wife makes Will leaving husband less than requested – marriage sours – husband makes Will leaving everything to his child – separation likely save for wife's terminal illness – wife insists husband is "not my carer" – after wife's death, husband retires and changes lifestyle – no evidence his assets insufficient – provision made adequate in the circumstances – no primacy 'in fact' – no issue of principle. Legislation Cited: Succession Act 2006 (NSW) ss 59, 60 Cases Cited: Bladwell v Davis [2004] NSWCA 170 Burke v MetLife Insurance Ltd [2019] NSWSC 177 Friend v Brien [2014] NSWSC 613 Grey v Harrison [1997] 2 VR 359; [1996] VSC 74 Ikonomou v Panagopoulos [2017] NSWSC 1805 Luciano v Rosenblum (1985) 2 NSWLR 65 Marshall v Carruthers [2002] NSWCA 47 Megerditchian v Khatchadourian [2019] NSWSC 1870 Megerditchian v Khatchadourian [2020] NSWCA 229 Nicholls v Hall [2007] NSWCA 356 Olsen v Olsen (2019) 101 NSWLR 225; [2019] NSWCA 278 Page v Hull-Moody [2020] NSWSC 411 Radzyminski v Radzyminski [2008] NSWSC 239 Re Sylvester [1941] Ch 87 Sgro v Thompson [2017] NSWCA 326 Slack v Rogan (2013) 85 NSWLR 253; [2013] NSWSC 522 Smith v Moore [2020] NSWSC 1446 Starr v Miller [2021] NSWSC 426 Steinmetz v Shannon (2019) 99 NSWLR 687; [2019] NSWCA 114 Verzar v Verzar [2012] NSWSC 1380 Category: Principal judgment Parties: Proceedings 2019/286823 (Family Provision) Michael Schneider (Plaintiff) Gabor Kemeny (Defendant)