The estate of the late Sharrin Laura Rees [2019] NSWSC 859

Supreme Court New South Wales

Medium Neutral Citation: The estate of the late Sharrin Laura Rees [2019] NSWSC 859 Hearing dates: 10 July 2019 Decision date: 10 July 2019 Before: Gleeson J Decision: (1) The Court notes the agreement between the parties to settle these proceedings on the following terms:

(a) The defendant, in his personal capacity, agrees to pay the plaintiff the sum of $35,000.00 in full and final satisfaction of the claims brought by the plaintiff in these proceedings, including the plaintiff's claim for his costs of the proceedings; (b) The said sum of $35,000.00 is to be paid in 2 instalments:

(i) $15,000.00 on or before 5.00 pm 4 August 2019; and (ii) the balance of $20,000 on or before 5.00 pm 4 January 2020. (c) In consideration of the agreement by the defendant to pay the said sum the plaintiff agrees to release the defendant and the estate of the late Sharrin Laura Rees generally from all and any claims the plaintiff has or may have against the estate including any claims under the Succession Act 2006 (NSW).

(2) These proceeding be dismissed with no order as to the plaintiff's costs to the intent that the plaintiff pay his own costs of the proceedings.

(3) The defendant's costs of these proceedings be paid out of the estate of the late Sharrin Laura Rees on the indemnity basis.

(4) All previous costs orders made in these proceedings prior to orders 2 and 3 above be vacated.

(5) The cross-claim filed 5 December 2017 be dismissed with no order as to costs.

(6) The Court notes the release of his rights, given by the plaintiff, to apply for a further family provision order out of the whole, or any part, of the estate or notional estate of the deceased.