Estate Hemmes; Cameron v Mead [2018] NSWSC 85

Supreme Court New South Wales

Medium Neutral Citation: Estate Hemmes; Cameron v Mead [2018] NSWSC 85 Hearing dates: 8 February 2018 Decision date: 09 February 2018 Before: Lindsay J Decision: Orders to be made for the payment of a legacy of $1.75 million in favour of the plaintiff charged upon a Designated Fund set aside by the defendants as available to be designated as notional estate of the plaintiff's deceased father. Catchwords: Succession – Family provision – Claim by adult son – Absence of social relationship arising from dispute as to paternity – No attribution of fault – Son deprived of benefit of paternal association – Affluent father – No actual estate, but significant notional estate – Order for provision made Legislation Cited: Succession Act 2006 NSW Status of Children Act 1996 NSW Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Bosch v Perpetual Trustee Company Ltd [1938] AC 463 Burke v Burke [2015] NSWCA 195 In re Allen [1922] NZLR 218 Lloyd-Williams v Mayfield (2005) 63 NSWLR 1 Palmer v Dolman [2005] NSWCA 361 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Edward Leslie Cameron First Defendant: David Mead Second Defendant: Merivale Hemmes Third Defendant: Hemmes Holdings Pty Ltd as Trustee of the Merivale No. 2 Pty Ltd Superannuation Fund Fourth Defendant: Hemmes Holdings Pty Ltd as Trustee of the Hemmes Holdings Pty Ltd Executive Superannuation Fund No. 1 Representation: Counsel: Plaintiff: L Ellison SC and GJ Smith Defendants: NC Hutley SC and CE Bannan