Vasey v Henry [2019] NSWSC 996

Supreme Court New South Wales

Medium Neutral Citation: Vasey v Henry [2019] NSWSC 996 Hearing dates: 17 April 2019 Date of orders: 08 August 2019 Decision date: 08 August 2019 Jurisdiction: Equity Before: Robb J Decision: (1) The plaintiffs' summons is dismissed.

(2) The plaintiffs are ordered to pay the defendant's costs of the proceedings on the ordinary basis. Catchwords: SUCCESSION — Family provision and maintenance — Children seeking orders pursuant to s 59 of the Succession Act 2006 (NSW) for further provision for their proper maintenance, education or advancement in life out of the estate or notional estate of the deceased — Will operated so as to transfer the whole of the estate to the widow of the deceased — In circumstances where the substantial component of the deceased's notional estate was derived from the widow's own contributions — Summons dismissed, taking into account all relevant circumstances including as outlined by ss 59 and 60 of the Succession Act 2006 (NSW) Legislation Cited: Family Law (Superannuation) Regulations 2001 (Cth) Succession Act 2006 (NSW) Cases Cited: Chan v Chan [2016] NSWCA 222; (2016) 15 ASTLR 317 Goodsell v Wellington [2011] NSWSC 1232 Gorton v Parks (1989) 17 NSWLR 1 Maynard v Maynard [2018] NSWSC 1961 McDonald v O'Connor [2019] NSWSC 261 Sgro v Thompson [2017] NSWCA 326 Slack v Rogan (2013) 85 NSWLR 253; [2013] NSWSC 522 Category: Principal judgment Parties: Natasha May Vasey (first plaintiff) Vanessa Louise Henry (second plaintiff) Rachael June Fowler (third plaintiff) Dianne Barbara Henry (defendant) Representation: Counsel: B Burke (plaintiffs) N Bilinsky (defendant)