Sergent v Glass (No 2) [2018] NSWSC 1100

Supreme Court New South Wales

Medium Neutral Citation: Sergent v Glass (No 2) [2018] NSWSC 1100 Hearing dates: In Chambers Date of orders: 18 July 2018 Decision date: 18 July 2018 Jurisdiction: Equity Before: Hallen J Decision: See Paragraph 107 Catchwords: SUCCESSION — FAMILY PROVISION — Application by two children of deceased, one of whom is a minor – Deceased died intestate – Estate small – The whole estate passes to his widow – Short marriage – Separation for several years before death when widow moves overseas – Appointment of solicitor as administrator ad litem – Widow unable to be located – Orders made for service of documents by electronic means – No response to numerous emails and Facebook messages and otherwise non-responsive to communications – Agreement in principle reached between parties after judicial settlement conference – Widow sent information regarding proposed settlement – Whether orders in favour of each child with effect that whole estate passes to them and not to the widow should be made Legislation Cited: Civil Procedure Act 2005 (NSW) Family Provision Act 1982 (NSW) Succession Act 2006 (NSW) Supreme Court Act 1970 (NSW) Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Abrahams v Abrahams (2015) 13 ASTLR 406; [2015] QCA 286 Affoo v Public Trustee of Queensland [2012] 1 Qd R 408; [2011] QSC 309 Bartlett v Coomber [2008] NSWCA 100 Collins v McGain [2003] NSWCA 190 Darwalla Milling Co Pty Ltd v F Hoffman La Roche Ltd (No 2) (2006) 236 ALR 322; [2006] FCA 1388 Fairhurst (bht NSW Trustee and Guardian) v Fairhurst [2012] NSWSC 388 Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268 Grey v Harrison [1997] 2 VR 359 Hore v Perpetual Trustee Co Ltd (Supreme Court (NSW), Windeyer J, 8 June 1995, unrep) In the Estate of Bridges (1975) 12 SASR 1 In the Estate of the late Marras [2014] NSWSC 915 Institoris by his next friend Maria Institoris v Falconer [2012] NSWCA 298 Kossert v Ruggi As Executor of the Will of Korps (No 2) [2012] WASC 191 McCosker v McCosker (1957) 97 CLR 566; [1957] HCA 82 McGrath v Troy [2010] NSWSC 1470 Schaechtele v Schaechtele [2008] WASC 148 Sergent v Glass [2017] NSWSC 1446 Sgro v Thompson [2017] NSWCA 326 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Tobin v Ezekiel (2012) 83 NSWLR 75; [2012] NSWCA 285 Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11 Texts Cited: NSW Law Reform Commission, Report 116 Uniform Succession Laws: Intestacy, (April 2007) Category: Principal judgment Parties: Thomas Declan Sergent (first Plaintiff) William James Sergent by his tutor Clive Raymond Sergent (second Plaintiff) Jeremy Neil Glass (Defendant) Representation: Counsel: Ms T Catanzariti (Plaintiffs) Dr S Chapple (Defendant)