Ibrahim v Nasr [2021] NSWSC 1321

Supreme Court New South Wales

Medium Neutral Citation: Ibrahim v Nasr [2021] NSWSC 1321 Hearing dates: 27, 28, 29, 30 September, 1 October 2021 Decision date: 15 October 2021 Jurisdiction: Equity Before: Leeming JA Decision: 1. Stand over the proceeding for the making of orders on Thursday 21 October 2021 at 9.30am. 2. The parties to supply by email agreed orders, or in lieu of agreement the orders for which they contend, by 5pm on Wednesday 20 October 2021, concerning the making of provision from the deceased estate, costs and the right to apply for the appointment of other persons in order to achieve the sale of the Campsie property if sale is not achieved within 8 weeks of today. 3. The first defendant to supply by email any further affidavit or submission as to whether the Court should take further steps in relation to him, or alternatively any application for an extension of time for the provision of such further affidavit or submission, no later than 5pm on 20 October 2021. Catchwords: SUCCESSION – application for family provision order – plaintiff a widow of 17 years – plaintiff substantially younger than deceased husband – nine children of first marriage – husband's Australian estate divided into 10% shares between plaintiff and children – whether arrangement that plaintiff would not benefit from deceased estate – whether plaintiff maltreated deceased – whether plaintiff stole from deceased – whether children maltreated plaintiff – where evident acrimony between plaintiff and children – order for provision made LEGAL PRACTITIONERS – first defendant published series of Facebook posts vilifying plaintiff – first defendant admitted as legal practitioner – whether conduct capable of warranting professional sanction – opportunity given for first defendant to be heard Legislation Cited: Evidence Act 1995 (NSW), ss 128, 138, 144 Succession Act 2006 (NSW), s 58, 59, 60 Surveillance Devices Act 2007 (NSW), s 7 Cases Cited: Averkin v Insurance Australia Ltd (2016) 92 NSWLR 68; [2016] NSWCA 122 Camden v McKenzie [2008] 1 Qd R 39; [2007] QCA 136 Clifford v Mayr [2010] NSWCA 6 Crisp v Burns Philp Trustee Company Ltd (Supreme Court (NSW), Holland J, 18 December 1979) DVO16 v Minister for Immigration and Border Protection [2021] HCA 12; 95 ALJR 375 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Golosky v Golosky (Court of Appeal, 5 October 1993) Goode v Angland (2017) 96 NSWLR 503; [2017] NSWCA 311 Hertzberg v Hertzberg [2003] NSWCA 311 Heyward v Fisher (Court of Appeal, unreported, 26 April 1985; (1985) NSWJB 81) Khreich v NSW Trustee & Guardian [2012] NSWSC 1299 Marshall v Carruthers [2002] NSWCA 47 Ng v Lau; In the Estate of Ken Kui Yuen Lau [2020] NSWSC 713 O'Loughlin v Low [2002] NSWSC 222 Paton v Public Trustee (NSWSC, 8 December 1988, unreported) Steinmetz v Shannon (2010) 99 NSWLR 687; [2019] NSWCA 114 Strang v Steiner [2019] NSWCA 143 Tchadovitch v Tchadovitch (2010) 79 NSWLR 491; [2010] NSWCA 316 Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118; [1966] HCA 40 Van Gervan v Fenton (1992) 175 CLR 327; [1992] HCA 54 Category: Principal judgment Parties: Nejme Ibrahim (Plaintiff) Clint Nasr (First Defendant) George Nasr (Second Defendant) Representation: Counsel: D Reid (Plaintiff) A Stevens (Defendants)