Pender v Pender [2021] NSWSC 1591

Supreme Court New South Wales

Medium Neutral Citation: Pender v Pender [2021] NSWSC 1591 Hearing dates: 7 December 2021 Date of orders: 7 December 2021 Decision date: 07 December 2021 Jurisdiction: Equity Before: Lindsay J Decision: 1. ORDER, pursuant to s 91 of the Succession Act 2006 NSW, that the plaintiff be granted administration in respect of the estate of the late Cherie Ann Pender, who died on 12 July 2020, for the purpose of permitting the plaintiff's application for a family provision order under Chapter 3 of the Succession Act 2006 NSW to be dealt with. 2. ORDER, pursuant to s 59 of the Succession Act 2006 NSW, that provision be made out of the estate of the late Cherie Ann Pender for the maintenance, education and advancement in life of the plaintiff by granting to her the whole of the estate of the deceased for her own use and benefit absolutely. 3. ORDER that the Public Trustee of Queensland be requested and directed to account to the plaintiff for the whole of the estate of the late Cherie Ann Pender. 4. RESERVE to the plaintiff liberty to apply for such, if any, further orders or consequential relief as may be required in the working out of these orders. 5. NOTE that the late Cherie Ann Pender, is identical with the person described as "Cherie Anne" in the marriage certificate certifying the marriage on 11 March 1972 between the deceased and the defendant. 6. NOTE that no orders are made as to the costs of these proceedings, to the intent that each party pay her or his costs in the proceedings. 7. ORDER that these orders be entered forthwith. Catchwords: SUCCESSION — Family provision — Claim by adult daughter — Small estate Legislation Cited: Succession Act 2006 NSW Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Plaintiff: Julie Anne Pender Defendant: Kelvin Pender Representation: Counsel: Plaintiff: Ms L Goodchild Defendant: No appearance