Beatrice McCleary v Metlik Investments Pty Limited; Beatrice McCleary v Benedict Chan;; Clement Chan v Benedict Chan (No 2)

Beatrice McCleary brought an application for a family provision order against Metlik Investments Pty Limited and Benedict Chan. Clement Chan intervened in the proceedings. The dispute centred on the distribution of property, particularly whether certain transfers of property were valid and whether McCleary was entitled to a family provision order. The case was heard in the Supreme Court of New South Wales.

The court had to determine whether McCleary was entitled to a family provision order and if so, whether the transfer of property from Metlik Investments to McCleary should be set aside. The court also had to decide who should bear the costs of the proceedings, particularly in light of the property transfer occurring after the commencement of the action.

The court found that McCleary was entitled to a family provision order, but the transfer of property from Metlik Investments to McCleary occurred after the proceedings began. This transfer meant that had it not occurred, McCleary would have succeeded in her application for a family provision order. The court held that it was appropriate to depart from the general rule that costs follow the event and ordered that McCleary pay the costs incurred by Benedict Chan after the property transfer.

The court's final orders included granting McCleary a family provision order against Metlik Investments, setting aside the property transfer, and directing McCleary to pay the costs incurred by Benedict Chan after the transfer.