Neale v Neale [2013] NSWSC 983

Supreme Court New South Wales

Medium Neutral Citation: Neale v Neale [2013] NSWSC 983 Hearing dates: 12 July 2013 Decision date: 12 July 2013 Jurisdiction: Equity Division Before: Hallen J Decision: Orders that: 1. Each of the subpoenas referred to in the notice of motion filed 17 June 2013 is set aside. 2. The Defendant is to pay the Plaintiffs' costs of the notice of motion but such costs may be paid out of the deceased's estate. Catchwords: Succession - Evidence - Defendant served subpoenas on third parties to produce documents relating to his and her Will and other financial documents - Application by applicants for family provision order to set aside each subpoena - No evidence of age or state of health of either third party -Relevance of prospective inheritance of applicants to claim for family provision order - Whether potential inheritance of an applicant in such circumstances is a financial resource - Documents not relevant to justify production - Subpoenas set aside Legislation Cited: Family Law Act 1975 (Cth) Succession Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: National Employers' Mutual General Insurance Association Ltd v Waind and Hill [1978] 1 NSWLR 372 White and Tulloch v White (1995) 19 Fam LR 696 Category: Procedural and other rulings Parties: Craig Russell Neale (first Plaintiff) Michelle-Maree Best (second Plaintiff) Sandra Cheryl Neale (Defendant) Representation: Mr L Ellison SC (Plaintiffs) Mr S Wells (Defendant) Caldwell & O'Brien Solicitors (Plaintiffs) Miller Noyce (Defendant) File Number(s): 2012/364929