| Campbell v Hemmings (NSWSC) - succession - family provision - determination of amount of provision to made to daughter of deceased - consequential adjustment to rights of great-grandchildren |
| Chapman v Ingold; Estate of the Late Ingold (NSWSC) - succession - family provision - daughters of deceased refused provision out of deceased’s estate - proceedings dismissed |
| Sgargetta v National Australia Bank (VSCA) - deed of settlement - loans and mortgages - estoppel - re-agitation of matters already litigation - application for direction that Registrar accept application for leave to appeal dismissed |
| CC Containers Pty Ltd v Lee (No 9) (VSC) - contempt - determination of appropriate penalties for contempt - declaration made but no conviction - fines imposed |
| Summaries With Link (Five Minute Read) |
Campbell v Hemmings [2015] NSWSC 1592
Supreme Court of New South Wales
Kunc J
Succession - family provision - plaintiff was only child of deceased - deceased made no provision for daughter and left almost entire estate to two great-grandchildren - plaintiff sought provision out of estate under s59 Succession Act 2006 (NSW) - only issue was amount of provision to be ordered for plaintiff - ss60 & 66 - held: Court decided plaintiff should receive provision of $350,000 - consequential adjustment to great-grandchildren’s rights.
Campbell
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Chapman v Ingold; Estate of the Late Ingold [2015] NSWSC 1604
Supreme Court of New South Wales
Hallen J
Succession - family provision - plaintiffs were daughters of deceased - deceased made no provision for plaintiffs in Will - defendant was deceased’s grandchild to whom deceased left whole estate - plaintiffs each sought order for provision out of estate under Ch 3 Succession Act 2006 (NSW) - size of estate very small - grandchild’s competing claims - held: having considered factual matters in s60(2) Court not satisfied order for provision out of deceased’s estate should be made for maintenance, education or advancement in life of either plaintiff - proceedings dismissed.
Chapman
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Sgargetta v National Australia Bank [2015] VSCA 289
Court of Appeal of Victoria
Priest JA
Deed of settlement - loans and mortgages - estoppel - applicant sought order that Registrar be directed to accept his application for leave to appeal - r64.43(5) Supreme Court (General Civil Procedure) Rules 2005 (Vic) - public interest in there being end to litigation and no person should be sued twice for same cause - held: application for leave to appeal was attempt to relitigate matters previously determined adversely to applicant - attempt could not be countenanced - application refused.
Sgargetta
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CC Containers Pty Ltd v Lee (No 9) [2015] VSC 595
Supreme Court of Victoria
Ginnane J
Contempt - Court found two charges of contempt of court proved against third defendant consisting of breaches of a freezing order - determination of appropriate penalty - r75.11 Supreme Court of Victoria (General Civil Procedure Rules 2005 (Vic) - whether Court should proceed to convict third defendant - extent to which third defendant’s conduct was contumacious - held: having taken into account all considerations relating third defendant’s contempts and fact contumacious conduct by him was not alleged, Court proposed to declare third defendant had committed contempts of court but not to convict him - fines imposed as penalties.
CC Containers
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