Chen v Lu [2014] NSWSC 1053

Supreme Court New South Wales

Medium Neutral Citation: Chen v Lu [2014] NSWSC 1053 Hearing dates: 26, 27, 28 November 2013 (written submissions closed 11 December 2013) Decision date: 06 August 2014 Jurisdiction: Equity Division Before: Brereton J Decision: There should be (1) Judgment that the first defendant (as executrix of the estate of the late Hong Jie) pay the third plaintiff Hui Chen (as trustee of the Chen Superannuation Fund) the sum of $408,920; (2) Judgment for the second defendant An Shi Zheng on the third plaintiff's claim against him; (3) Order that by way of provision from the estate of the late Hong Jie Lu, the first plaintiff Hui Chen receive a legacy of $100,000; (4) Order that by way of provision from the estate of the late Hong Jie Lu, the second plaintiff Ella Chen receive a legacy of $225,000, such legacy to be held for her until she attains 18 years of age upon trust (by a trustee to be determined) to pay the tuition fees of her education at a private school, and such other proper costs of her maintenance education and advancement as the trustee may approve; (5) Order that the plaintiffs' costs assessed in the sum of $102,000 be paid out of the estate; (6) Order that the defendants' costs assessed in the sum of $58,000 be paid out of the residuary estate. Plaintiff to brng in short minutes to give effect thereto. Catchwords: SUCCESSION - Family Provision - claims by estranged husband and by child of deceased - availability of real estate in China to satisfy order where deceased dies domiciled in NSW - eligibility of spouse where deceased dies before decree nisi becomes absolute Legislation Cited: (CTH) Family Law Act 1975, 90B (NSW) Succession Act 2006, s 57, 59, 60, 64, 66 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Balajan v Nikitin (1994) 35 NSWLR 51 Barder v Caluori [1988] AC 20; [1987] 2 All ER 440 Brown v Brown (1947) 64 WN (NSW) 28 In the Estate of the late Anthony Marras [2014] NSWSC 915 Fender v St John-Mildway [1938] AC 1 Re Fulop Deceased (1987) 8 NSWLR 679 Knowles v Knowles [1962] P 161 Hitchcock v Pratt [2010] NSWSC 1508 Luciano v Rosenblum [1985] 2 NSWLR 65 Re Mayo (deceased) and the TFM Act [1968] 2 NSWR 709 Singer v Berghouse (No 2) (1994) 181 CLR 201 Stewart v McDougall (NSWSC, Young J, 19 November 1987, unreported) Taylor v Farrugia [2009] NSWSC 801 Vigolo v Bostin (2005) 221 CLR 191 Category: Principal judgment Parties: Hui Chen (first plaintiff) Ella Nalini Chen by her tutor Yen Chen (second plaintiff) Hui Chen as trustee of the Chen Superannuation Fund (third plaintiff) Hong Wei Lu as executor of the estate of the late Hong Jie Lu (first defendant) An Shi Zheng (second defendant) Representation: Counsel: Ms E. Cohen (plaintiffs) Ms R. Winfield (defendants) Solicitors: Ren Zhou Lawyers (plaintiffs) Access Legal Solicitors (defendants) File Number(s): 2012/234639