Bryan v Beveridge [2021] NSWSC 1406

Supreme Court New South Wales

Medium Neutral Citation: Bryan v Beveridge [2021] NSWSC 1406 Hearing dates: 26 & 29 October 2021, 1 November 2021 Date of orders: 8 November 2021 Decision date: 08 November 2021 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Order for interim provision made. Issues of enforcement of that order reserved for further consideration. Catchwords: FAMILY PROVISION – interim family provision orders – Succession Act 2006, s 62 – no contest that an interim family provision order should be made – issue concerning the timing of the interim family provision order – whether any interim provision should be paid on 30 December 2021 or in late January 2022 – capacity of the estate to pay interim provision in the short term – whether interim family provision order can be made against notional estate. Legislation Cited: Civil Procedure Act 2005, s 56(3) Family Provision Act 1982, s 9(5) Probate and Administration Act 1898, s 84 Succession Act 2006, ss 3, 62 Uniform Civil Procedure Rules 2005, r 54.3(3) Cases Cited: Roberts v Moses [2015] NSWSC 1504 Steiner v Strang [2017] NSWSC 132 Young v Salkeld (1985) 4 NSWLR 375 Category: Procedural rulings Parties: Plaintiff: Sharron Bryan First defendant: Patricia Ellen Beveridge Second defendant: Reysson Pty Ltd Representation: Counsel: Plaintiff: K. Morrissey First and second defendants: C. Wilson