A Limited v J [2017] NSWSC 736

Supreme Court New South Wales

Medium Neutral Citation: A Limited v J [2017] NSWSC 736 Hearing dates: 31 May 2017 Date of orders: 31 May 2017 Decision date: 07 June 2017 Jurisdiction: Equity Before: Robb J Decision: See paragraphs 56-57. Catchwords: SUCCESSION – Statutory wills – Order made authorising a will be made on behalf of a thirteen year-old child – Where child was severely disabled and lacked testamentary capacity – Where application made the day before the child was to undergo life threatening surgery – Where application sought to exclude father of the child from the child's will – Where mother claimed that father had failed to fulfil responsibilities as a parent – Where orders made and judgment delivered ex tempore – Further reasons for judgment. Legislation Cited: Succession Act 2006 (NSW) ss 18, 19, 20, 21, 22, 23 Cases Cited: AB v CB [2009] NSWSC 680 Re Elayoubi [2010] NSWSC 1004 Re Estate of Crawley [2010] NSWSC 618 Re Estate of Scott [2014] NSWSC 465 Re Fenwick; Application of J R Fenwick; re 'Charles' (2009) 76 NSWLR 22; [2009] NSWSC 530 Re Sultana [2010] NSWSC 915 Re Will of Jane [2011] NSWSC 624 Secretary, Department of Family & Community Services v K [2014] NSWSC 1065 Category: Procedural and other rulings Parties: A Limited (plaintiff) The mother (first defendant) The father (second defendant) Representation: Counsel: R D Williams (plaintiff) R Cunich, solicitor (first defendant) P Wallis (second defendant)