Newman v Newman [2015] NSWSC 1207

Supreme Court New South Wales

Medium Neutral Citation: Newman v Newman [2015] NSWSC 1207 Hearing dates: 21, 22 September 2015 Date of orders: 22 October 2015 Decision date: 22 October 2015 Jurisdiction: Equity Before: Hallen J Decision: The Court:

(i) Having found that the Plaintiff, Joseph Newman, is an eligible person; that the proceedings were commenced within time; and that the provision made for him in the Will of the deceased is inadequate for his proper maintenance or advancement in life, orders that he receive, in lieu of that provision, a lump sum of $800,000. (ii) Orders that the provision made for the Plaintiff should be borne by the residuary estate. (iii) Orders that no interest is to be paid on the lump sum, if it is paid, within 14 days of the date of these orders; otherwise, interest calculated at the rate prescribed by s 84A(3) of the Probate and Administration Act 1898 (NSW), on unpaid legacies, is to be paid from that date until the date of the payment of the lump sum. (iv) Orders that, unless either party wishes to argue the question of costs, the Plaintiff's costs, calculated on the ordinary basis, and the Defendant's costs, calculated on the indemnity basis, shall be paid out of the estate of the deceased, such costs, in each case, to not include any costs or disbursements for the second day of the hearing. (v) Orders that the Statement of Claim otherwise be dismissed. (vi) Directs that the Exhibits be dealt with in accordance with the Uniform Civil Procedure Rules 2005 (NSW) (rule 31.16A and rule 33.10), and Practice Note No SC Gen 18 (Para 26) following the determination of the costs of the proceedings. Catchwords: PRACTICE & PROCEDURE – Application made by Plaintiff for adjournment and to re-open the case – Application to re-open made prior to conclusion of hearing, after evidence read and cross-examination concluded – Leave granted to re-open the case – Adjournment not granted