Pargeter v Pargeter [2024] NSWSC 675

Supreme Court New South Wales

Medium Neutral Citation: Pargeter v Pargeter [2024] NSWSC 675 Hearing dates: 27-28 May 2024 Date of orders: 28 May 2024 Decision date: 31 May 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) Orders that of the 'lump sum' provision ordered in Order 1(a) of the Short Minutes of Order: (a) The first $100,000 be borne by Richard Pargeter (with his consent); and (b) The balance of $50,000 be borne by the remaining specific legatees (other than Mark Hillman), namely the McGrath Foundation, Heart Research Australia, Breast Cancer Trials, the Smith Family, Julie Hoppett, Jacqueline Friggieri, Victoria Hillman, Franklin Hillman and Lynne Evans, pro rata according to their respective pecuniary legacies as a proportion of $310,000. (2) Orders that the 'portable life estate' provision ordered in Order 1(b) of the Short Minutes of Order be borne by the residuary beneficiaries pro rata according to their interest in the residue, noting the appointment of Alexander Nott as trustee. Catchwords: SUCCESSION – Family provision – Nature of orders – Settlement – Burden of provision – Whether provision to come out of specific legacies or residuary estate Legislation Cited: Family Provision Act 1982 (NSW), s 13 (repealed) Succession Act 2006 (NSW), ss 59, 65 Cases Cited: Cantrell v Williams; Estate of Thomas Brindle [2004] NSWSC 579 Crisp v Burns Philp Trustee Company Ltd (Supreme Court (NSW), Holland J, 18 December 1979, unreported) Hoobin v Hoobin [2004] NSWSC 705 Webster v Strang [No 2] [2018] NSWSC 1411 Category: Consequential orders Parties: Trevor Maurice Pargeter (Plaintiff) Richard Le-Monde Pargeter (First Defendant) Lynne Marion Pargeter (Second Defendant) Representation: Counsel: Paul Glissan (Plaintiff) Andrew Stevens (Defendants) John Armfield (Residuary Beneficiaries)