NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ella Dorothy Egberts v Shelley Lee Evans & Anor [2018] NSWSC 1974 Hearing dates: 15 November 2018 Date of orders: 15 November 2018 Decision date: 15 November 2018 Jurisdiction: Equity - Family Provision List Before: Rein J Decision: See [20] – [21] Catchwords: SUCCESSION — Family Provision — Settlement of Proceedings — Agreement reached between the parties at mediation — Application made by two non-executor beneficiaries under the will of the deceased who oppose the proposed settlement — Applicants chose not to appear at hearing — Whether, and to what extent, the Court should give consideration to beneficiaries who are not happy with the settlement reached by an executor — Whether Court should make orders approving proposed settlement; HELD: Orders made approving settlement. Cases Cited: Bartlett v Coomber & Anor [2008] NSWCA 100 Hoobin v Hoobin [2004] NSWSC 705 Sackelariou, Edward v O'Donnell; Sackelariou, George v O'Donnell [2018] NSWSC 1651 Webster v Strang; Steiner v Strang [No 2] [2018] NSWSC 1411 Category: Principal judgment Parties: Ella Dorothy Egberts (Plaintiff) Shelley Lee Evans (First Defendant) Nancy Caroline Davis (Second Defendant) Representation: Counsel: M. Hadley (Plaintiff) C. Birtles (Defendants)
Solicitors: Glaser Lawyers (Plaintiff) Burridge Harris & Flynn (Defendants) File Number(s): 2018/00047085 Publication restriction: Nil
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