Leary v NSW Trustee and Guardian [2017] NSWSC 1113

Supreme Court New South Wales

Medium Neutral Citation: Leary v NSW Trustee and Guardian [2017] NSWSC 1113 Hearing dates: 18 and 19 May 2017 Decision date: 23 August 2017 Before: Ward CJ in Eq Decision: 1. Dismiss the plaintiff's summons. 2. Direct the parties to serve brief written submissions as to costs, not exceeding 3 pages in length, within 14 days. 3. Direct the plaintiff (subject to any claim by him for privilege against self-incrimination, to be supported by a confidential affidavit deposed to by him and served on the defendant and by email to Ward CJ in Eq's associate within 14 days) to notify CentreLink in writing within 14 days of the matters disclosed in his 15 May 2017 affidavit as to his assets/income over the period 2013-2017. Catchwords: SUCCESSION – family provision orders – failure of applicant to make full and frank disclosure of circumstances Legislation Cited: Property (Relationships) Act 1984 (NSW) Succession Act 2006 (NSW), ss 57, 59, 60(1), 60(2) Cases Cited: Ahmad v Ahmad [2002] NSWSC 579 Alquist v ANZ Executors & Trustees Co [2004] NSWSC 1116 Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308 Bondy v Vavros (Supreme Court (NSW), Young J, 29 August 1988, unrep) Carroll v Cowburn [2003] NSWSC 248 Close v Close [2001] NSWSC 668 Collings v Vakas [2006] NSWSC 393 Foye v Foye [2008] NSWSC 1305 Fulton v Fulton [2014] NSWSC 619 Hampson v Hampson [2010] NSWCA 359 Hogan v Hogan [2013] NSWSC 1405 Howarth v Reed (Supreme Court (NSW), 15 April 1991, unrep) Life v Hall [2016] NSWSC 316 Lowe v Lowe [2014] NSWSC 371 Mayfield v Public Trustee [2009] NSWSC 330 McLean v Public Trustee [2001] NSWSC 970 Poole v Barrow [2014] VSC 576 Re Estate of the late Anthony Marras [2014] NSWSC 915 Re Will of Gilbert (1946) 46 SR (NSW) 318 Simpson v Hodges [2007] NSWSC 1230 Singer v Berghouse (No 2) (1994) 181 CLR 201; [1994] HCA 40 Singh v Singh [2015] NSWSC 1457 Stares v Public Trustee [2005] NSWSC 37 Stern v Sekers [2010] NSWSC 59 Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11 Wilson v Vine [2003] NSWSC 341 Young v Outtrim [2011] NSWSC 391 Category: Principal judgment Parties: John Justin Goyen Leary (Plaintiff) NSW Trustee and Guardian (Defendant) Representation: Counsel: RD Wilson SC (Plaintiff) GJ Smith (Defendant)