Justyn Marcus Ng v Neville Mark Morgan & Anor; Selena Natanie Ng v Morgan; Commonwealth Bank of Australia v Neville Mark Morgan in his capacity as Administrator of the estate of the late Dell Smith (No. 2) [2014] NSWSC 677

Supreme Court New South Wales

Medium Neutral Citation: Justyn Marcus Ng v Neville Mark Morgan & Anor; Selena Natanie Ng v Morgan; Commonwealth Bank of Australia v Neville Mark Morgan in his capacity as Administrator of the estate of the late Dell Smith (No. 2) [2014] NSWSC 677 Hearing dates: 20 May 2014 Decision date: 28 May 2014 Jurisdiction: Equity Division Before: Slattery J Decision: See paragraph [31]. Catchwords: SUCCESSION - the plaintiffs, Justyn and Selena Ng, successful in claim's for family provision out of their grandmother's estate - plaintiffs granted possession of property in which they currently live - whether provision for the plaintiffs of the property should be free of all encumbrances - whether Justyn should be reimbursed for funds lent to the estate to meet the estate's mortgage liabilities.

MORTGAGE - property mortgaged to the Commonwealth Bank - whether stay of execution of the bank's writ of possession over the property should be extended from 60 to 90 days.

COSTS - whether Selena should pay 15 per cent of the estate's costs of the whole proceedings, or 15 per cent of the costs of her family provision proceedings or 15 per cent of the costs of both family provision proceedings - whether the plaintiffs should bear their own costs of the possession proceedings - quick assessment of the estate's costs in respect of the forgery issue, under Succession Act, ss 66 and 99. Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c). Succession Act 2006 (NSW), ss 66, 99 Cases Cited: Ng v Morgan & Anor Ng v Morgan; Commonwealth Bank of Australia v Morgan in his capacity as Administrator of the estate of the late Dell Smith [2014] NSWSC 536 Category: Consequential orders Parties: (2011/360941) Plaintiff: Justyn Marcus Ng First Defendant: Neville Mark Morgan Second Defendant: Deborah Shireen Curnow