Hughes v Sharp [2017] NSWSC 962

Supreme Court New South Wales

Medium Neutral Citation: Hughes v Sharp [2017] NSWSC 962 Hearing dates: 10 July 2017 Date of orders: 20 July 2017 Decision date: 20 July 2017 Jurisdiction: Equity Before: Hallen J Decision: The Court:

(i) Orders, sufficient cause having been shown, that the time for the making of the Plaintiff's application be extended until 13 September 2016, the date of the filing of the Summons.

(ii) Orders, having found that the Plaintiff is an eligible person, and that adequate provision for his proper maintenance or advancement in life has not been made for him in the Will of the deceased, in lieu of the provision made for him in the Will of the deceased, the Plaintiff receive, out of the estate of the deceased, a lump sum calculated as 15 per cent of the net proceeds of sale of the Merewether property.

(iii) Orders that the net proceeds of sale are to be calculated by deducting from the gross sale price of the Merewether property, the costs and expenses of sale, including agent's commission, advertising costs, and the legal costs of sale; the pecuniary legacies, (other than the legacy to the Plaintiff), the liabilities of the estate, as well as the legal costs of these proceedings, as agreed by the parties.

(iv) Orders that the Defendant is to place the Merewether property on the market for sale, as soon as is reasonably possible, but no later than 8 weeks from the date of the making of these orders, or such other time as the parties are able to agree in writing.

(v) Orders that no interest is to be paid on the lump sum payable to the Plaintiff, if it is paid within 7 days of completion of the sale of the Merewether property; otherwise, interest, calculated at the rate prescribed by s 84A(3) Probate and Administration Act 1898 (NSW), on unpaid legacies, is to be paid on any unpaid part thereof from the eighth day following completion of that sale until the date of payment of the lump sum.