Chester v Cowin [2024] NSWSC 1554

Supreme Court New South Wales

Medium Neutral Citation: Chester v Cowin [2024] NSWSC 1554 Hearing dates: 25 November 2024 Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) The parties are to bring in agreed short minutes of order to give effect to my conclusions by 4pm on 3 December 2024. (2) If the parties are unable to agree short minutes of order to give effect to my conclusions they are each to file and serve submissions of no more than three pages explaining the orders which, they say, I should make by 4pm on 10 December 2024. (3) The parties are also to file and serve any evidence and submissions on costs by 4pm on 10 December 2024. Catchwords: SUCCESSION – Family provision – Claim by adult child and grandchildren of deceased – Where deceased cared and provided for plaintiffs for most of their lives – Whether there were "factors warranting the making of an application" – Whether deceased had duty to provide ongoing accommodation for plaintiffs Legislation Cited: Succession Act 2006 (NSW) ss 57, 59, 60, 127 Cases Cited: Churton v Christian (1988) 13 NSWLR 241; [1988] NSWCA 23 Re Fulop Deceased (1987) 8 NSWLR 679 Sgro v Thompson [2017] NSWCA 326 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Slack v Rogan; Palffy v Rogan [2013] 85 NSWLR 253; [2013] NSWSC 522 Strang v Steiner [2019] NSWCA 143 Tarbes v Taleb [2023] NSWSC 565 Category: Principal judgment Parties: Geraldine Ann Chester (First Plaintiff) Matthew Wilson (Second Plaintiff) Mitchell Wilson (Third Plaintiff) CW (not his real name) by his tutor Geraldine Ann Chester (Fourth Plaintiff) TW (not her real name) by her tutor Geraldine Ann Chester (Fifth Plaintiff) Penelope Jayne Cowin (Defendant) Representation: Counsel: S Brennan (Plaintiffs) R Size (Defendant)