Strang v Steiner [2019] NSWCA 143

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Strang v Steiner [2019] NSWCA 143 Hearing dates: 20 and 21 March 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Before: Macfarlan JA at [1]; White JA at [118]; McCallum JA at [190] Decision: (1) In respect of John Steiner's claim for provision under the Succession Act, allow the appeal and vary the orders made below on 26 September 2018 in Case Number 2012/185566 by deleting Orders 3(n) and (p), 6 and 7.

(2) In respect of Robyn Webster's claim under the Succession Act:

(a) allow the appeal in part;

(b) vary Order 1 made below on 26 September 2018 in Case Number 2012/139833 by adding after the words "(the Award)" the words "and the amount in order 2(a)"; and

(c) otherwise dismiss the appeal.

(3) Allow the cross-appeal and vary Order 2(c) by replacing the expression "clause 3(b)" with the expression "clause 3(c)" and adding the words "and the legacy payable to Elizabeth Fuggle under clause 3(b) of the Deceased's will".

(4) Extend the time for the filing of the cross-appeal to the date upon which it was filed.

(5) Order that the costs of all parties to the appeals (as distinct from the cross-appeal) be paid out of the estate on an indemnity basis.

(6) Order that the cross-respondents pay the cross-appellants' costs of their amended notice of motion filed in the court below on 28 May 2018 and of the cross-appeal.

(7) Order that the cross-respondents have certificates under the Suitors' Fund Act 1951 (NSW), if qualified. Catchwords: SUCCESSION – family provision orders under Succession Act 2006 (NSW) – whether exercises of discretion miscarried and the amounts of additional provisions ordered should be reduced – whether exercise of discretion miscarried with respect to who should bear the burden of additional provisions