NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Coss v Norman [2021] NSWSC 1464 Hearing dates: 3, 4, 5 November 2021 Date of orders: 5 November 2021 Decision date: 05 November 2021 Jurisdiction: Equity Before: Parker J Decision: See [112]-[113] Catchwords: SUCCESSION – family provision – applicant and deceased living together in six and a half year de-facto relationship prior to deceased's death – both parties in their mid-to-late forties – relationship ending four months prior to deceased's death – deceased's will provided for applicant to receive one of his investment properties with a net value of $200,000 – whether adequate provision made for applicant – violence towards deceased as a disqualifying factor – application refused Legislation Cited: Succession Act 2006 (NSW), ss 57, 59 Cases Cited: Bosch v Perpetual Trustee Co Ltd [1938] AC 463 Christie v Christie [2016] WASC 45 MacAlpine v MacAlpine [2020] NSWSC 824 McDonald v O'Connor [2019] NSWSC 261 Slack v Rogan (2013) 85 NSWLR 253 Texts Cited: Wolters Kluwer, Australian Master Tax Guide (66th ed, 2020) Category: Principal judgment Parties: Rodney James Coss (Plaintiff) Fiona Norman (Defendant) Representation: Counsel: TJ Morahan (Plaintiff) S Chapple (Defendant)
Solicitors: Lang Noonan Legal (Plaintiff) Somerville Legal (Defendant) File Number(s): 2020/230538 Publication restriction: Nil
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