Oxley v Oxley [2014] NSWSC 1606

Supreme Court New South Wales

Medium Neutral Citation: Oxley v Oxley [2014] NSWSC 1606 Hearing dates: 4 November 2014 Decision date: 14 November 2014 Jurisdiction: Equity Division Before: Hallen J Decision: Order, pursuant to s 95 of the Succession Act 2006 (NSW), that the release by the first Defendant of his rights to apply for a family provision order in relation to the whole, or any part of, the estate, or notional estate, of the Plaintiff, in the event that she shall become a deceased person, be approved. Make no order as to the costs of the application for approval of the release to the intent that each party shall bear her, and his, own costs, respectively, thereof. Order that the entry of the order in the court's computerised record system be stayed until after 4:00 p.m. on 28 November 2014, so that a copy of these reasons can be provided to the first Defendant. In the event that there is delivered, to my Chambers, for filing, an affidavit of personal service which establishes that the first Defendant has been served with a copy of these reasons a reasonable time before that date, the orders will be entered after that date and time. Order that the Exhibits and the Court Book be returned to the solicitor acting for the Plaintiff. Catchwords: SUCCESSION - Approval of inter vivos release - No affidavit by the releasor - No appearance by releasor at the hearing of the application for approval - Release part of settlement of common law proceedings which were referred to court-annexed mediation - Whether to approve the release Legislation Cited: Civil Procedure Act 2005 (NSW) Family Provision Act 1982 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bartlett v Coomber [2008] NSWCA 100 Boardman v Boardman [2012] NSWSC 1257 Gould v Purtle [2014] NSWSC 493 Kingdon v Kirk (1887) 37 Ch D 141 McMahon v McMahon (Supreme Court (NSW), Yong J, 2 August 1985, unrep) Neil v Jacovou [2011] NSWSC 87 Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 NSW Trustee and Guardian as Executor of the Will of Michael Robert Walsh (Deceased) v Gregory [2012] NSWSC 681 Russell v Quinton [2000] NSWSC 322 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Smirski v Macander [2010] NSWSC 929 Stone v Smith (1887) 35 Ch D 188 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Principal judgment Parties: June Lois Oxley (Plaintiff) John Oxley (first Defendant) Justine Harrison (second Defendant) Representation: Counsel: Ms B Nolan (Plaintiff) Solicitors: Craddock Murray Neumann Lawyers (Plaintiff) File Number(s): 2013/377770