Yee v Yee & Anor [2016] NSWSC 360

Supreme Court New South Wales

Medium Neutral Citation: Yee v Yee & Anor [2016] NSWSC 360 Hearing dates: 2, 3, 4, 5, 27 February, 4 March and 14 April 2015 Date of orders: 01 April 2016 Decision date: 01 April 2016 Jurisdiction: Equity Before: Slattery J Decision: Summons dismissed with costs. Catchwords: SUCCESSION – family provision – the plaintiff, a nephew of the deceased, lived in deceased's household for at least 10 years between the ages of nine and 19 – no dispute that the plaintiff is an eligible person under Succession Act, s 57(1)(e) - no provision made for the plaintiff in the deceased's will – whether there are "factors warranting" the making of an order for provision under Succession Act, s 59(1)(b) – whether adequate provision made for the plaintiff - whether any, and if so, what provision should be made for the plaintiff out of the estate of the deceased Legislation Cited: Succession Act, ss 57, 58, 59 Cases Cited: Brown v Faggoter [1998] NSWCA 44 Churton v Christian (1988) 13 NSWLR 241 Diver v Neal [2009] NSWCA 115 Diver v Neal [2009] NSWCA 54 Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Jones v Dunkel (1959) 101 CLR 298 Meers v Permanent Trustee Co Ltd [2000] NSWSC 1108 Morgan v Public Trustee of New South Wales [1999] NSWSC 1112 Penfold v Perpetual Trustee Company Ltd [2002] NSWSC 648 Porthouse v Bridge [2007] NSWSC 686 Re Fulop (1987) 8 NSWLR 679 Re Hatte [1943] St R Qd 1 Singer v Berghouse (1994) 181 CLR 201 Category: Principal judgment Parties: Plaintiff: William Yee First Defendant: Robert Yee Second Defendant: Phillip Yee Representation: Counsel: Plaintiff: M Thompson First Defendant & Second Defendant: A. Crossland