David Lai Kan Pang v Susan Wai Wah Fong [2014] NSWSC 1425

Supreme Court New South Wales

Medium Neutral Citation: David Lai Kan Pang v Susan Wai Wah Fong [2014] NSWSC 1425 Hearing dates: 30 June, 1 July, 15 August 2014 Decision date: 17 October 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1)The plaintiff is directed (after discussion with the defendants) to submit to the court draft short minutes of order to give effect to these reasons for judgment. (2)Directions will be made concerning the future conduct of the proceedings. Catchwords: SUCCESSION - family provision and maintenance - failure by testator to make adequate provision for the proper maintenance and advancement in life of the applicant - some provision for plaintiff in will - nominal amount in actual estate - significant sacrifice by plaintiff for the benefit of the deceased - sacrifice contributed significantly to the estate of the testator - whether a notional estate order should be made - no evidence to support competing claims by other beneficiaries of testator's will Legislation Cited: Evidence Act 1995 (NSW) ss 69(3)(a), 102, 135(b) - (c) Succession Act 2006 (NSW) Cases Cited: Alexander v Jansson [2010] NSWCA 176 Aubrey v Kain [2014] NSWSC 15 Blore v Land [1960] HCA 73; (1960) 104 CLR 124 Butler v Morris [2012] NSWSC 748 McCosker v McCosker (1957) 97 CLR 566 Raiola v Raiola [2014] NSWSC 967 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 20 Szlazko v Travini [2004] NSWSC 610 Underwood v Gaudron [2014] NSWSC 1055 West v Mann [2013] NSWSC 1852 Category: Principal judgment Parties: David Lai Kan Pang (plaintiff) Susan Wai Wah Fong (first defendant) Eva Susan Fong (second defendant) Representation: Counsel: V Hartstein (plaintiff) M Sneddon (first and second defendants) Solicitors: Summit Legal (plaintiff) Lee Hourigan & Brooks (first and second defendants) File Number(s): 2013/144328