Salmon v Osmond [2015] NSWCA 42

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Salmon v Osmond [2015] NSWCA 42 Hearing dates: 7 October 2014 Decision date: 10 March 2015 Before: Beazley P at [1]; McColl JA at [180]; Gleeson JA at [181] Decision: 1. Appeal allowed;

2. Set aside the orders made in the court below;

3. Order that in addition to the provision made for the first respondent Kerryn Therese Osmond under the will of the late Maurice Augustine Salmon (the deceased), Kerryn Therese Osmond receive a legacy out of the estate of the deceased in the sum of $50,000;

4. Order that no interest is payable on the legacy in favour of Kerryn Therese Osmond if paid within 90 days of the date of this order. Otherwise interest is payable on the said legacy or so much as remains unpaid from time to time at the rate prescribed by the Probate and Administration Act 1898 (NSW) on unpaid legacies calculated on the last day of each month thereafter until the legacy has been fully paid;

5. Order that the second respondent, Donna Maree Peters, pay the respondents' costs of proceedings in the court below on an indemnity basis as and from 9 January 2013;

6. Make no order as to the costs of the first respondent Kerryn Therese Osmond in respect of the proceedings in the court below, with the intent that she bear her own costs of those proceedings;

7. Order that the respondents pay the appellants' costs of the appeal and that those costs are to be borne by the first respondent Kerryn Therese Osmond as to 90 per cent and the second respondent Donna Maree Peters as to 10 per cent. The respondents are to have a certificate under the Suitors' Fund Act 1951 (NSW) if so entitled. Catchwords: SUCCESSION – family provision – provision for adult children – appeal against orders made under the Succession Act 2006, s 59