Reynolds v Reynolds [2011] NSWSC 83

Supreme Court New South Wales

Medium Neutral Citation: Reynolds v Reynolds [2011] NSWSC 83 Hearing dates: Thursday 24 February 2011 Decision date: 24 February 2011 Before: Associate Justice Macready Decision: The orders I make are: 1. That the property situated at 469 Sydney Road, Balgowlah, New South Wales, being the land comprised in Folio Identifier B/445642 be designated as notional estate pursuant to the Succession Act 2006. 2. That in lieu of the provisions contained in paragraphs 4, 5 and 7 of the will of the deceased in favour of the plaintiff, that the plaintiff received a legacy of $270,000. 3. The New South Wales Trustee and Guardian be appointed as trustee of the land. 4. That the said land be vested in the Trustee subject to any encumbrances effecting the entirety of the said land but free from encumbrances, if any, affecting any undivided share or shares to be held by the said Trustee upon statutory trust for sale under section 66 of the Succession Act 2006. 5. That the defendants deliver the Title Deed for the land comprised in Folio Identifier B/445642 to the Trustee forthwith. 6. That the defendants vacate the property at least seven days prior to settlement of the sale of the property. 7. That the Trustee distribute to the parties the net proceeds of sale after payment of selling expenses (including the Trustees commission and fees, disbursements, agents selling commission and other expenses including advertising expenses) in the following proportions: a. As to the sum of $250,000 to the plaintiff, Pearl Therese Reynolds; b. As to sum of $20,000 to the Plaintiff's solicitors on account of the plaintiff's costs and outlays in the proceedings inclusive of goods and services tax; c. As to the remainder, to the defendants in equal shares. 8. All outgoings in respect of the land are to be deducted or adjusted from the defendants' share of net proceeds of sale. 9. Liberty to apply by either party upon seven days notice. Catchwords: Family Provision. Application by a daughter under Succession Act. Defendants do not appear. Order for provision. No matter of principle. Category: Principal judgment Parties: PEARL THERESE REYNOLDS v VINCENT JOSEPH REYNOLDS and RICHARD PAUL REYNOLDS Representation: Counsel: Ms S McLeod for plaintiff Solicitors: Hayward & Co Lawyers File Number(s): 2010/139054