Small v Phillips [2019] NSWCA 222

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Small v Phillips [2019] NSWCA 222 Hearing dates: 16 August 2019 Decision date: 11 September 2019 Before: Brereton JA; McCallum JA; Emmett AJA Decision: 1. Parties to bring in short minutes of orders, including a draft will, giving effect to the conclusions outlined in these reasons.

2. Liberty to apply in the event of there being any disagreement as to the proposed orders. Catchwords: SUCCESSION – whether the Court should make an order under the Succession Act 2006 (NSW) for a statutory will to be made on behalf of the fourth respondent – whether the draft will reflects the fourth respondent's wishes as to the disposition of her estate. Legislation Cited: Charitable Trusts Act 1993 (NSW) Succession Act 2006 (NSW) Category: Procedural and other rulings Parties: Anthony Phillip Small (Appellant) Sharonne Rose Phillips (First Respondent) Robert Ellis Phillips (Second Respondent) Sharonne Rose Phillips and Robert Ellis Phillips in their capacity as private managers of the estate of Millie Phillips (Third Respondent) Millie Phillips by her Tutor, Michaela Money (Fourth Respondent) Representation: Counsel: C J Birch SC with J Mack (Appellant) Submitting Appearance (First Respondent) L Ellison SC (Second Respondent) J Needham SC (Third Respondent) M K Meek SC (Fourth Respondent)

Solicitors: Dukes Lawyers (Appellant) David Landa Stewart (First Respondent) Glass Goodwin (Second Respondent) Brown Wright Stein (Third Respondent) MJM Lawyers (Fourth Respondent) File Number(s): 2019/147133 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity – Protective List Citation: [2019] NSWSC 331 Date of Decision: 15 April 2019 Before: Lindsay J File Number(s): 2018/373426