Bates v Cooke [2015] NSWCA 278

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bates v Cooke [2015] NSWCA 278 Hearing dates: 3 August 2015 Decision date: 16 September 2015 Before: Meagher JA at [1]; Leeming JA at [2]; Sackville AJA at [14] Decision: 1. Appeal dismissed. 2. The appellant pay the respondent's costs of the appeal. Catchwords: SUCCESSION – family provision order – applicant claims a notional estate order from his mother's estate – mother and applicant's stepfather made mirror wills leaving their estates to each other and then to the applicant and four siblings equally – applicant has no immediate needs but claims that provision should have been made for his retirement – whether applicant should be precluded from claiming by reason of imprudent investment decisions – whether primary Judge erred in finding that there was little chance that the stepfather would change his will – whether primary Judge erred in rejecting the claim Legislation Cited: Family Provision Act 1982 (NSW), s 9 Succession Act 2006 (NSW), ss 57, 59, 60, 73, 87; Pt 3.2; Pt 3.3 Cases Cited: Andrew v Andrew [2012] NSWCA 308; 81 NSWLR 656 Bates v Cooke [2014] NSWSC 1259 Bates v Cooke (No 2) [2014] NSWSC 1322 Burke v Burke [2015] NSWCA 195 Phillips v James [2014] NSWCA 4; 85 NSWLR 619 Poletti v Jones [2015] NSWCA 107 Re Dawson (decd) [1966] 2 NSWLR 211 Smilek v Public Trustees [2008] NSWCA 190 Verzar v Verzar [2014] NSWCA 45 Vigolo v Bostin [2005] HCA 11; 221 CLR 191 Category: Principal judgment Parties: Bradley Bates (Appellant) Robert Henry Cooke (Respondent ) Representation: Counsel: A Crossland (Appellant) BJ Skinner (Respondent)