Channell v Channell [2011] NSWSC 1144

Supreme Court New South Wales

Medium Neutral Citation: Channell v Channell [2011] NSWSC 1144 Hearing dates: 30/05/2011, 31/05/2011, 01/06/2011 Decision date: 26 September 2011 Before: Associate Justice Macready Decision: Plaintiff to receive a legacy of $500,000 Catchwords: WILLS AND ESTATES - family provision claim - nature and extent of estate - charges on property - potential notional estate subject to options to purchase - relationship with the deceased - applicant and deceased had a poor relationship and there was a period of estrangement. Legislation Cited: Family Provision Act 1982 Succession Act 2006 Cases Cited: Foley v Ellis [2008] NSWCA 288 Kay v Archbold [2008] NSWSC 254 McGrath v Eves [2005] NSWSC 1006 Wheatley v Wheatley [2006] NSWCA 262 Category: Principal judgment Parties: Stephen Bruce Channell (plaintiff) Dorothy Elizabeth Channell (defendant) Representation: Counsel: Mr P Livingstone (for the plaintiff) Mr D Maddox (for the defendant) Solicitors: Wyatt Attorneys File Number(s): 2010/137077

Judgment 1This is an application under the Succession Act 2006 in respect of the estate of the late Mervyn Bruce Channell who died on 3 June 2009 aged 66 years. The deceased was survived by his wife, the defendant, and his three children, Leanne Mary Riley, Stephen Bruce Channell and Jodie Channell. Leanne and Stephen have brought an application and both proceedings have been heard together with the evidence in one evidence in the other.