Phillips v James (No 2) [2014] NSWCA 135

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Phillips v James (No 2) [2014] NSWCA 135 Hearing dates: On the papers Decision date: 30 April 2014 Before: Beazley P; Basten JA; Meagher JA Decision: (1) Declare that each respondent is liable to contribute equally to property designated as notional estate for the satisfaction of the provision ordered by the Court in favour of the appellant. (2) Order that the respondents are to pay the appellant's costs in this Court and at first instance. (3) In the event that any of the amounts required to be paid under order (3) made by this Court on 6 February 2014 and under order (2) hereof remain unpaid within 28 days of: (a) in the case of order (3) made on 6 February 2014, the date of this judgment; or (b) in the case of order (2) hereof, the date of agreement or assessment of such costs; the parties have liberty to apply to the judge in charge of the Family Provision List in the Equity Division for further orders, including an order designating any asset or assets of the respondents as notional property for the purpose of satisfying any liability of the respondents for provision, interest or costs resulting from the judgments of this Court. (4) Grant the respondents a certificate under the Suitors' Fund Act 1951 with respect to the costs of the appeal. [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 and maintenance - distribution of estate - satisfaction of order for provision from notional estate