Nielsen v Kongspark [2019] NSWSC 1821

Supreme Court New South Wales

Medium Neutral Citation: Nielsen v Kongspark [2019] NSWSC 1821 Hearing dates: 18 and 19 November 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Equity Before: Hallen J Decision: Orders that the Plaintiff's Summons be dismissed

The Court will hear the parties on the question of costs if that question is not able to be agreed, on a date mutually convenient to the legal representatives of the parties and to the Court, which date will be arranged at the time these reasons are published. Catchwords: SUCCESSION – Family Provision – The Plaintiff, a now adult child, applies for a family provision order under Chapter 3 of the Succession Act 2006 (NSW) in respect of the estate and notional estate of both his father and of his mother – Father died in 2009 intestate – Mother died in 2017 – No application for administration in respect of either estate – Following commencement of hearing, the Plaintiff states that he does not wish to proceed with the claim in respect of father's estate – Only claim in respect of mother's estate

Extension of time for the making of the application required in respect of the claim in relation to the mother's estate – Defendant does not consent to the application being made out of time pursuant to s 58(2) of the Succession Act – Plaintiff required to satisfy the Court that there is sufficient cause for the making of the application

Period of estrangement in relation to the mother – Attempts made by Plaintiff said to be in order to resurrect, or attempt to resurrect, contact – The mother not interested in resurrecting contact with the Plaintiff – Plaintiff's attempts causing additional anguish to the mother