Moore v McLean [2022] NSWSC 978

Supreme Court New South Wales

Medium Neutral Citation: Moore v McLean [2022] NSWSC 978 Hearing dates: 5 July 2022 Date of orders: 21 July 2022 Decision date: 21 July 2022 Jurisdiction: Equity Before: Hallen J Decision: The Court: (1) Orders that the Plaintiff's notice of motion filed on 2 May 2022 be dismissed. (2) Orders that the Plaintiff pay the Defendant's costs of the notice of motion. Catchwords: SUCCESSION – Family provision – Practice –Succession Act 2006 (NSW), s 62 – Application for interim order for provision made by Plaintiff pending the determination of his claims, including for provision under Chapter 3 of the Act – Claim disputed by the Defendant – Question whether the Court is of the opinion that no less provision than that proposed in the interim order would be made in favour of the Plaintiff/applicant concerned in the final order Legislation Cited: Succession Act 2006 (NSW) ss 26, 57-60, 62, 72 Family Provision Act 1982 (NSW) s 9 Interpretation Act 1987 (NSW) ss 5, 9 Cases Cited: Bryan v Beveridge [2021] NSWSC 1406 Diver v Neal (2009) 2 ASTLR 89; [2009] NSWCA 54 Guerreiro v Guerreiro (Supreme Court (NSW), Young J, 7 February 1990 unrep) Le v Angius [2022] NSWSC 240 Musumeci v Attorney General of NSW (2003) 57 NSWLR 193; [2003] NSWCA 77 Re BLBS and Minister for Foreign Affairs and Trade (2012) 129 ALD 380; [2012] AATA 464 Roberts v Moses [2015] NSWSC 1504 Steiner v Strang [2017] NSWSC 132 Young v Salkeld (1985) 4 NSWLR 375 Texts Cited: Chambers 21st Century Dictionary (1999, reprinted 2004, Chambers) Oxford English Dictionary Category: Procedural rulings Parties: Peter John Moore (Plaintiff) Alina Kathleen McLean (Defendant) Representation: Counsel: J J Loofs SC (Plaintiff) C Alexander (Defendant)