Sariban v Pocock; Pocock v Peipman [2018] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: Sariban v Pocock; Pocock v Peipman [2018] NSWSC 724 Hearing dates: 16 – 17 April 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Equity Before: Hallen J Decision: In proceedings 2016/382014, the Court:

(a) Orders that the Plaintiff's Summons be dismissed.

In proceedings 2017/180094, the Court:

(a) Orders that judgment be entered for the Plaintiff for possession of the Ryde property, being the whole of the land comprised in Certificate of Title Folio Identifier XXXX.

(b) Orders that the Defendant vacate possession of the Ryde property, being the whole of the land comprised in Certificate of Title Folio Identifier XXXX, within 6 weeks of the date of these orders.

(c) Orders that the Plaintiff have leave to issue a writ of possession in respect of the whole of the land comprised in Certificate of Title Folio Identifier XXXX forthwith.

(d) Orders that the writ of possession not be executed until the day after 6 weeks of the date of these orders.

In both matters, the Court:

(a) Orders that the argument as to costs be stood over to a convenient date to the parties and to the Court to be arranged when these reasons are published. Catchwords: SUCCESSION – FAMILY PROVISION – The Plaintiff, an adult child of the deceased, makes a claim for a family provision order – No dispute as to the Plaintiff's eligibility as a child of the deceased – The Defendant is also an adult child of the deceased and one of the executors named in the Will to whom Probate granted –– Modest estate in value, principally comprising deceased's interest in real property – No provision made for Plaintiff – Whether family provision order should be made, and if so, the nature and quantum of the provision to be made – No order for provision made