Rogers v Rogers [2018] NSWSC 1982

Supreme Court New South Wales

Medium Neutral Citation: Rogers v Rogers [2018] NSWSC 1982 Hearing dates: 12 – 13 November 2018 Date of orders: 13 November 2018 Decision date: 18 December 2018 Jurisdiction: Equity Before: Hallen J Decision: The Court: (a) Orders that the Statement of Claim be dismissed. (b) Orders, subject to the order in Paragraph (c), that the Plaintiff pay the Defendant's costs, calculated on the ordinary basis, incurred prior to 4 April 2018; and pay the Defendant's costs, calculated on the indemnity basis, after that date. (c) Orders that the Defendant pay the Plaintiff's costs of the part of the proceedings relating to the production of the Will of the deceased, up to, and including, 4 December 2017, (excluding the filing fee of the Statement of Claim). (d) Orders that the Exhibits be dealt with in accordance with the Uniform Civil Procedure Rules 2005 (NSW) (rule 31.16A and rule 33.10) and Practice Note No SC Gen 18. 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 — Proceedings commenced within time prescribed by Act — Nature of relationship of the Plaintiff and the deceased — Lengthy estrangement and lack of any contact between the Plaintiff and the deceased for over 25 years — Estate comprises, at the date of hearing, primarily of the deceased's home in which one son of the deceased has lived for many years — Right of residence given to that son for as long as he wishes to reside therein, or until his death, and thereafter, the estate divided between 5 of the deceased's 6 children — No provision made for Plaintiff — Competing claim of each of the beneficiaries — Plaintiff, at the hearing, does not seek immediate provision but provision after right of residence is terminated — Reasonably large estate in value — Whether family provision order should be made, and if so, the nature and quantum of the provision to be made — Order that claim for family provision order be dismissed