Harris v Harris [2018] NSWCA 334

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Harris v Harris [2018] NSWCA 334 Hearing dates: 26 November 2018 Decision date: 21 December 2018 Before: Basten JA at [1]; Macfarlan JA at [22]; Simpson AJA at [30] Decision: (1) To the extent necessary, grant the appellant leave to appeal. (2) Dismiss the appeal. (3) Order the appellant to pay the respondent's costs in this Court. Catchwords: SUCCESSION – family provision – deceased left estate to widow with no provision made in will for his adult son (who was the widow's step-son) – whether primary judge erred in holding that no provision should be made under s 59 of Succession Act 2006 (NSW) in favour of son – relevance of son not having sought financial assistance from father or step-mother – discussion concerning common practice of spouses making mutual wills – whether primary judge misunderstood relationship between appellant's income and expenses – whether primary judge's conclusions concerning respondent's financial needs were erroneous Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Succession Act 2006 (NSW), ss 59, 60, 76; Ch 3 Supreme Court Act 1970 (NSW), s 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW), r 42.4 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308 Milillo v Konnecke [2009] NSWCA 109; (2009) 2 ASTLR 235 Nudd v Mannix [2009] NSWCA 327 Smith v Johnson [2015] NSWCA 297; (2015) 14 ASTLR 175 Category: Principal judgment Parties: Andrew Harris (Appellant) Jennifer Kay Harris (Respondent) Representation: Counsel: P W Bates (Appellant) R Colquhoun (Respondent)