Sutcliffe v Harper [2025] NSWSC 54

Supreme Court New South Wales

Medium Neutral Citation: Sutcliffe v Harper [2025] NSWSC 54 Hearing dates: 4-5 February 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Equity – Probate and Family Provision List – Probate Before: Williams J Decision: See orders at [172]. Catchwords: SUCCESSION – Family provision – Claim by adult son for further provision out of the estate of his deceased mother – Where the plaintiff had a close relationship with the deceased, but did not consistently maintain frequent contact with her throughout his adult life and made no contribution to the care of the deceased – Discerning the deceased's testamentary intentions there was a material change in the assets that would form part of her estate after the making of her last will, and where the plaintiff and defendant gave conflicting evidence of her intentions said to have been expressed by the deceased in separate conversations that she had with each of them – Defendant executor's exposure to risk of personal liability to restore to the estate funds paid to beneficiaries at a time when the executor was on notice of the plaintiff's family provision claim. Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Evidence Act 1995 (NSW), s 140 Succession Act 2006 (NSW), ss 6, 8, 59, 60(2), 87, 88, 93, 99 Cases Cited: Benz v Armstrong; Benz v Armstrong; Benz v Armstrong [2022] NSWSC 534 Blendell v Blendell [2020] NSWCA 154 Camernik v Reholc [2012] NSWSC 1537 D'Albora v D'Albora [1999] NSWSC 468 Ernst v Mowbray [2004] NSWSC 1140 John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Megerditchian v Khatchadourian [2020] NSWCA 229 Scott v Scott [2022] NSWCA 182 Singh v AKM Investments Group Pty Ltd [2024] NSWCA 268 Smith v Johnson (2015) ASTLR 175; [2015] NSWCA 297 Soens v Rathborne [2018] NSWSC 302 Warner v Hung; In the matter of Bellpac Pty Ltd (receivers and managers appointed) (in liquidation) (No. 2) [2011] FCA 1123 Category: Principal judgment Parties: Mark Raymond Sutcliffe (Plaintiff) Lisa Michelle Harper (Defendant) Representation: Counsel: Mr A F Stevens (Plaintiff) Ms L Harper (Litigant in Person)