Squire v Squire [2019] NSWCA 90

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Squire v Squire [2019] NSWCA 90 Hearing dates: 29 November 2018 Decision date: 30 April 2019 Before: Macfarlan JA at [1]; Meagher JA at [2]; Simpson AJA at [47] Decision: 1. Appeal allowed. 2. Set aside orders 1, 2, 3 and 4 made by Kunc J on 4 May 2018 and entered on 7 May 2018, this order not to affect the costs order made by Hallen J on 14 November 2016. 3. Parties to prepare and provide to the Associate to Justice Macfarlan by 5pm on 14 May 2019 short minutes formulating the orders described above. 4. In the event that the parties contend for costs orders different from or in addition to those proposed above, they are to provide to the Associate to Justice Macfarlan by 5pm on 14 May 2019 written submissions, not to exceed 5 pages, in support of the orders sought. The Court will decide what orders should be made. Catchwords: SUCCESSION – Succession Act 2006 (NSW), s 59 – family provision claim – where deceased's will left entire estate to respondent – where deceased and respondent separated shortly before deceased's death – where deceased proposed to make a new will in light of separation – where before deceased's death, deceased and respondent contracted to sell jointly held property and divide proceeds equally – whether deceased and respondent effected final financial settlement following separation – whether deceased's share of sale proceeds, settlement occurring after death, should be designated as notional estate – whether adequate provision made for proper maintenance and advancement in life of two adult children Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Succession Act 2006 (NSW), ss 58, 59, 60, 61, 75, 76, 77, 80, 83, 87, 88, 99 Cases Cited: Dijkhuijs (formerly Coney) v Barclay (1988) 13 NSWLR 639 House v The King (1936) 55 CLR 499; [1936] HCA 40 Lodin v Lodin [2017] NSWCA 327 Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9; [1962] HCA 19 Scott v Scott [2009] NSWSC 567 Sgro v Thompson [2017] NSWCA 326 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11 Texts Cited: Peter Butt, Land Law (6th ed, Law Book Co, 2010) Category: Principal judgment Parties: Paul Francis Aubrey Squire (First Appellant) Claire Louise Isobel Beech (Second Appellant) Corinne Ann Squire in her capacity as executrix of the estate of the late Richard Squire (Respondent) Representation: Counsel: AG Martin, MA Tovey (Appellants) P Glissan (Respondent)