Bitar by her tutor Maryam Al Chahaf v Bitar [2019] NSWSC 614

Supreme Court New South Wales

Medium Neutral Citation: Bitar by her tutor Maryam Al Chahaf v Bitar [2019] NSWSC 614 Hearing dates: 23 May 2019 Date of orders: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Equity Before: Slattery J Decision: Application dismissed. Notation removed from Court record that all beneficiaries consent. Catchwords: JUDGMENTS – setting aside judgments – Uniform Civil Procedure Rules 2005, r 36.15 – whether order entered "irregularly, illegally or against good faith" – a claim for family provision brought under the Succession Act 2006, Part 3 is settled as between the executor of the estate and a grandchild of the deceased – orders entered between the executor and the grandchild – beneficiary of the estate notifies the Court at the time of entry of the orders that he does not consent to the entry of the orders – orders entered – non-consenting beneficiary seeks within the time allowed by Uniform Civil Procedure Rules, r 36.15 to set aside the orders – whether the orders were entered "irregularly, illegally or against good faith" – whether "sufficient cause" has been shown to set aside the orders. Legislation Cited: Civil Procedure Act 2005, s 76 Family Law Act 1975, s 106B Succession Act 2006, Part 3, ss 57(e), 58, 98(2) Trustee Act 1925, ss 5, 49(1)(d) Uniform Civil Procedure Rules 2005, r 36.15 Cases Cited: Bartlett v Coomber & Anor [2008] NSWCA 100 Coles v Burke (1987) 10 NSWLR 429 Ezekial's Settlement Trusts, In re; National Provincial Bank Ltd v Hyam (1942) Ch 230 Irismay Holdings Pty Limited, Re [1996] 1 Qd R 172 Kendell v Carnegie & Ors (2006) 68 NSWLR 193 Re Felicity (No. 3) [2014] NSWCA 226 Ridsdel, In re; Ridsdel v Rawlinson (1947) Ch 597 Category: Procedural and other rulings Parties: Applicant: Imad Bittar First Respondent: Maryam Al Chahaf Second Respondent: Dalida Dagher