Wang v Estate of Wang; Lu by his tutor Fang v Lu [2021] NSWSC 717

Supreme Court New South Wales

Medium Neutral Citation: Wang v Estate of Wang; Lu by his tutor Fang v Lu [2021] NSWSC 717 Hearing dates: 16 June 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Equity - Probate List Before: Henry J Decision: See [45] Catchwords: SUCCESSION – Forfeiture under public policy rule – where husband of deceased convicted of dangerous driving offences – where settlement reached in these and related proceedings – whether forfeiture modification order should be made Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 Crimes (Administration of Sentence) Act 1999 (NSW) Felons (Civil Proceedings) Act 1981 (NSW), s 4 Forfeiture Act 1993 (NSW), ss 3, 5–7 Succession Act 2006 (NSW), ss 59, 103, 112 Uniform Civil Procedure Rules 2005 (NSW), r 7.10 Cases Cited: HOOSH (Haberfield out of school hours) v State of New South Wales [2017] NSWSC 379 Permanent Trustee Company Ltd v Gillett [2004] NSWSC 278 Re Settree Estates; Robinson v Settree (2018) 98 NSWLR 910; [2018] NSWSC 1413 Straede v Eastwood [2003] NSWSC 280 Texts Cited: Nil Category: Principal judgment Parties: Proceedings No 2019/332548

Yonglin Wang (First Plaintiff) Zhaowen Jiang (Second Plaintiff) Estate of Yiqing Wang (First Defendant) Weimin Lu (Second Defendant) Yilin Fang (As tutor for Matthew Yijun Lu) (Third Defendant)