Mikhaiel v Breene [2022] NSWSC 102

Supreme Court New South Wales

Medium Neutral Citation: Mikhaiel v Breene [2022] NSWSC 102 Hearing dates: On the papers Decision date: 11 February 2022 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Pursuant to s 95 of the Succession Act 2006 (NSW), approve the release by the plaintiff pursuant to Deed of Release dated 20 August 2021 of her rights to apply for a Family Provision order in respect of the estate, or notional estate, of the defendant, in the event that the defendant shall become a deceased person. 2. Pursuant to s 95 of the Succession Act 2006 (NSW), approve the release by the defendant pursuant to the Deed of Release dated 20 August 2021 of his rights to apply for a Family Provision order in respect of the estate, or notional estate, of the plaintiff, in the event that the plaintiff shall become a deceased person. 3. Order that there be no order as to costs. Catchwords: SUCCESSION – Family provision – Application for approval for release under s 95 of the Succession Act 2006 (NSW) Ch 3 Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Succession Act 2006 (NSW), ss 95, 96 Supreme Court Act 1970 (NSW), s 11 Cases Cited: Anthony John Clifford v Mark Ronald Joseph Clifford [2015] NSWSC 2136 Bartlett v Coomber [2008] NSWCA 100 Boardman v Boardman [2012] NSWSC 1257 Cook, Michael Knox Norton, by his tutor Richard D'Apice v Michael James Harris [2015] NSWSC 2147 Cook, Michael Knox Norton, by his tutor Richard D'Apice v Michael James Harris [2015] NSWSC 2147 Kelly v Kelly [2019] NSWSC 994 MacDonald v MacDonald [2012] NSWSC 1376 Neil v Jacovou [2011] NSWSC 87 Oxley v Oxley [2014] NSWSC 1606 Robinson v Robinson (2020) 102 NSWLR 1; [2020] NSWCA 4 Russell v Quinton [2000] NSWSC 322 Category: Principal judgment Parties: Nancy Mikhaiel (Plaintiff) Timothy Joseph Breene (Defendant) Representation: Solicitors: Uther Webster & Evans (Plaintiff) Breene & Breene (Defendant) File Number(s): 2021/00337222 Publication restriction: Nil