Pillinger v Lees [2024] NSWSC 1067

Supreme Court New South Wales

Medium Neutral Citation: Pillinger v Lees [2024] NSWSC 1067 Hearing dates: 29 and 30 July 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) The parties are to file and serve any further evidence as to the form of orders appropriate to give effect to the Court's conclusions, together with any submissions as to that matter and as to the costs of the proceedings, on or before 4:00PM on 13 September 2024. (2) The parties are to file and serve any evidence and submissions in reply on or before 4:00PM on 27 September 2024. (3) The proceedings will be listed for mention at 9:30AM on Wednesday 2 October 2024 for the purpose of determining whether any additional hearing day is required. Catchwords: SUCCESSION — Family provision — Claim by spouse for provision from the deceased's estate under the Succession Act 2006 (NSW), Ch 3 – Where there was a loving and supportive marriage of over 40 years – Nature and quantum of provision to be made SUCCESSION — Family provision — Incidence of charge — Apportionment of burden — Where other beneficiaries of estate have markedly different personal situations – What would be fair and equitable in the circumstances Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Income Tax Assessment Act 1936 (Cth), Div 7A Succession Act 2006 (NSW), ss 59, 65, 66, 72 Cases Cited: Kalmar v Kalmar [2006] NSWSC 437 Pargeter v Pargeter [2024] NSWSC 675 Re Clissold (deceased) (1970) 2 NSWR 619 Strang v Steiner [2019] NSWCA 143 Tarbes v Taleb [2023] NSWSC 565 Webster v Strang [No 2] [2018] NSWSC 1411 Category: Principal judgment Parties: Anecia Pillinger (Plaintiff) Lucille Janette Lees (Defendant) Representation: Counsel: C Hodgson (Plaintiff) M Pringle (Defendant)