Phillip Seeto v Kim Yum Bong Seeto & Anor (No 2) [2013] NSWSC 1386

Supreme Court New South Wales

Medium Neutral Citation: Phillip Seeto v Kim Yum Bong Seeto & Anor (No 2) [2013] NSWSC 1386 Hearing dates: 27 August 2013 Decision date: 20 September 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Time for the commencement of these proceedings extended. Orders designating notional estate and orders made for provision in the form of a legacy to the plaintiff. Parties' costs to be paid out of the notional estate. Plaintiff permitted to reside in property designated as notional estate until three months after the legacy paid to him. All orders stayed for 28 days to allow the defendant an opportunity to appeal, and seek a further stay from the Court of Appeal. Catchwords: SUCCESSION - deceased's older son brings an out of time application under Family Provision Act 1982 - principal judgment determined that orders for provision in the form of a legacy of $400,000 and an order for designation of notional estate should be made - parties unable to agree on the form of final relief - plaintiff presently occupies a unit in the property designated as notional estate - whether order for provision should be conditional on the plaintiff vacating the unit - the principle that the Court should, so far as possible, completely and finally determined all matters in controversy between the parties discussed - whether a stay of final orders pending appeal should be granted and if so, for how long. Legislation Cited: Civil Procedure Act 2005, s 67 Family Provision Act 1982 Residential Tenancies Act 2010 Supreme Court Act 1970, s 63 Uniform Civil Procedure Rules 2005, r 51.44 Cases Cited: Neeta (Epping) Pty Ltd v Phillips (1974) 131 CLR 286 Phillip Seeto v Kim Yum Bong Seeto & Ors [2013] NSWSC 1232 Category: Consequential orders Parties: Plaintiff: Phillip Seeto Defendants: Kim Yum Bong (Raymond) Seeto, Wing On Investments Pty Limited Representation: Counsel: Plaintiff: M Gorrick Defendant: L Ellison SC Solicitors: Plaintiff: Vincent Butcher Defendants: Warren Smith, Macpherson + Kelley Lawyers (Sydney) File Number(s): 2011/405719 Publication restriction: No