Neal v Brown (No 2) [2024] NSWSC 1652

Supreme Court New South Wales

Medium Neutral Citation: Neal v Brown (No 2) [2024] NSWSC 1652 Hearing dates: 11 December 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Equity Before: Parker J Decision: See [55] Catchwords: SUCCESSION — will — construction — will trust — gift of property subject to right of occupation for defined period — will divides specified property costs between occupier and "my Estate" — allocation of costs between occupier and reversioners Legislation Cited: Conveyancing Act 1919 Cases Cited: Joyce v Cam [2004] NSWSC 621 Neal v Brown [2024] NSWSC 841 Orica Ltd v CGU Insurance Ltd (2003) 59 NSWLR 14 Texts Cited: D Heydon and M Leeming, Jacobs' Law of Trusts in Australia (8th ed, 2016, LexisNexis Australia) Category: Principal judgment Parties: Summons filed 15 November 2022 Richard John Neal as Administrator of the Estate of John Sherwood Brown (Plaintiff) Danna Marie Brown (First Defendant) Gavin Francis Brown (Second Defendant) Mitchell Sherwood Brown (Third Defendant) Joanne Lee Fryer (Fourth Defendant)

Cross-Claim filed 20 February 2023 Danna Marie Brown (First Cross-Claimant) Gavin Francis Brown (Second Cross-Claimant) Mitchell Sherwood Brown (Third Cross-Claimant) Richard John Neal as Administrator of the Estate of John Sherwood Brown (First Cross-Defendant) Joanne Lee Fryer (Second Cross-Defendant) Sebastien William Kladnig (Fryer) (Third Cross-Defendant) Representation: Counsel: Summons filed 15 November 2022 M S Willmott SC/H Morrison (Plaintiff) J Brown (First, Second and Third Defendants) C Alexander (Fourth and Fifth Defendants)