Snow v Snow [2015] NSWSC 90

Supreme Court New South Wales

Medium Neutral Citation: Snow v Snow [2015] NSWSC 90 Hearing dates: 9 February 2015 Decision date: 20 February 2015 Jurisdiction: Equity Division Before: Hallen J Decision: (a)Orders that the proceedings be dismissed.

(b)Orders that the Defendant's costs, calculated on the indemnity basis, of the proceedings, including of the notice of motion filed 7 November 2014, be paid or retained as the case may be, out of the estate of the deceased. Catchwords: PROCEDURE – Claim for family provision order – Proceedings out of time – Procedure under rules of Court – Summary Disposal – Want of due despatch – No steps taken by Plaintiff following Notice of Ceasing to Act filed by his solicitors – Plaintiff unable to be located despite numerous searches – Estate likely to be insolvent or near insolvent after payment of debts funeral and testamentary expenses – Uniform Civil Procedure Rules 2005 (NSW), rule 12.7(1) – Judgment and orders Legislation Cited: Civil Procedure Act 2005 (NSW) Practice Note SC Eq. 7 Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: French Consulting Pty Limited v Donald [2011] NSWSC 584 Jackson v Newns [2011] VSC 32 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Category: Procedural and other rulings Parties: William Kim Snow (Plaintiff) Nicola Marion Snow (Defendant) Representation: Solicitors: No appearance (Plaintiff) Herring & Associates - Lawyers (Defendant) File Number(s): 2014/193428