Verzar v Verzar [2014] NSWCA 45

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Verzar v Verzar [2014] NSWCA 45 Hearing dates: 22 November 2013 Decision date: 11 March 2014 Before: Macfarlan JA at [1]; Meagher JA at [3]; Barrett JA at [60] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: SUCCESSION - FAMILY PROVISION - appeal from determination of applications under ss 58(2) and 59(1) of Succession Act 2006 - contest between respondent, deceased's second wife, and appellant, deceased's adult son - child of deceased and second wife dependent on second wife - whether primary judge erred in extending time for making of respondent's application for family provision order - whether primary judge erred in being satisfied that adequate provision not made for respondent - application of s 99 of Succession Act 2006 - whether primary judge erred in ordering that appellant's and respondent's costs be borne by appellant and paid out of his interest in the deceased's estate Legislation Cited: Succession Act 2006, ss 58(2), 59(1)(c) Testator's Family Maintenance and Guardianship of Infants Act 1916 Cases Cited: Davison v Staley (unreported, Supreme Court of NSW, 21 August 1996) De Winter v Johnstone [1995] NSWCA 120 Durham v Durham [2011] NSWCA 62; 80 NSWLR 335 Foley v Ellis [2008] NSWCA 288 House v The King [1936] HCA 40; 55 CLR 499 Mayfield v Lloyd-Williams [2004] NSWSC 419 McCosker v McCosker [1957] HCA 82; 97 CLR 566 Re Dun (Deceased) (1956) 56 SR (NSW) 181 Singer v Berghouse [1994] HCA 40; 181 CLR 201 Tobin v Ezekiel [2012] NSWCA 285; 83 NSWLR 75 Vigolo v Bostin [2005] HCA 11; 221 CLR 191 Category: Principal judgment Parties: Thomas John Verzar (Appellant) Susan Verzar (Respondent) Representation: Counsel: A R Lakeman, M McMahon (Appellant) R D Wilson SC (Respondent) Solicitors: Denes Ebner Lawyers (Appellant) Teece Hodgson & Ward (Respondent) File Number(s): 2012/400251 Decision under appeal Jurisdiction: 9111 Citation: Verzar v Verzar [2012] NSWSC 1380 Date of Decision: 2012-11-16 00:00:00 Before: Lindsay J File Number(s): 2011/88252