Gary John Mackin v Roger Belmonte as Executor of the Estate of the late Doris Hilda Mackin [2015] NSWSC 1226

Supreme Court New South Wales

Medium Neutral Citation: Gary John Mackin v Roger Belmonte as Executor of the Estate of the late Doris Hilda Mackin [2015] NSWSC 1226 Hearing dates: 19 August 2015 Date of orders: 19 August 2015 Decision date: 19 August 2015 Jurisdiction: Equity Before: Rein J Decision: See [21] and [22] Catchwords: EQUITY - Application for the Court to set aside consent orders made in the settlement of family provision claims - Subsequent family provision claim by another family member brought within time - No basis for setting aside orders established - Application refused Legislation Cited: Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 Bird v Cannington [2012] NSWSC 789 Chand v Zurich Australia Insurance Limited [2013] NSWSC 102 Harvey v Phillips (1956) 95 CLR 235 Lewis v Combell Constructions (1989) 18 NSWLR 528 Mohamed v Farah [2004] NSWSC 482 Smith v New South Wales Bar Association (1992) 176 CLR 256 Waitemata City Council v MacKenzie [1988] 2 NZLR 242 Texts Cited: Nil Category: Consequential orders (other than Costs) Parties: Gary John Mackin (Plaintiff) Roger Belmonte as Executor of the Estate of the late Doris Hilda Mackin (Defendant) Representation: Counsel: J.S Drummond (Plaintiff) G. George (Defendant)

Solicitors: Michael Atkinson & Associates (Plaintiff) Reimer Winter Williamson (Defendant) File Number(s): 2015/172383 Publication restriction: nil