Scott v Scott

[2022] NSWCA 182

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Scott v Scott [2022] NSWCA 182

Hearing dates:

23 August 2022

Date of orders:

20 September 2022

Decision date:

20 September 2022

Before:

Ward P at [1];
Meagher JA at [2];
Kirk JA at [91]

Decision:

Appeal dismissed with costs.

Catchwords:

SUCCESSION – family provision – claim by adult daughter for provision pursuant to Succession Act 2006 (NSW), s 59 – where deceased’s 2019 will left family home to appellant daughter and small legacy to respondent daughter – where testamentary statement purported to justify 2019 will – where primary judge found will and statement obtained by process of manipulation and sourced to appellant – where earlier will of deceased leaving one-third of estate to each child found to reflect deceased’s fair and considered testamentary judgment – whether primary judge erred in being satisfied that 2019 will did not make adequate provision for respondent’s proper advancement

Legislation Cited:

Family Provision Act 1982 (NSW), s 9(2)

Succession Act 2006 (NSW), ss 59(1)(c), 59(2), 60(2)

Cases Cited:

Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1

Bassett v Bassett [2021] NSWCA 320

Browne v Dunn (1893) 6 R 67

DJ Singh v DH Singh [2018] NSWCA 30

House v The King (1936) 55 CLR 499; [1936] HCA 40

Kuhl v Zurich Financial Services (2011) 243 CLR 361; [2011] HCA 11

Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9; [1962] HCA 19

Sgro v Thompson [2017] NSWCA 326

Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40

Slack v Rogan; Palffy v Rogan (2013) 85 NSWLR 253; [2013] NSWSC 522

Taylor v Farrugia [2009] NSWSC 801

Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11

Vukic v Luca Grbin; Estate of ZvonkoGrbin [2006] NSWSC 41

Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9

White v Barron (1980) 144 CLR 431; [1980] HCA 14

Category:

Principal judgment

Parties:

Charlene Arnel Scott (Appellant)
Coralynne April Scott (Respondent)

Representation:

Counsel:
R Wilson SC with L Clarke (Appellant)
Dr C Birch SC with AF Stevens (Respondent)

Solicitors:

Ray Wehbe & Co (Appellant)
Dignan & Hanrahan (Respondent)

File Number(s):

2021/369585

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity

Citation:

[2021] NSWSC 1619

Date of Decision:

13 December 2021

Before:

Parker J

File Number(s):

2020/215861

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant (Charlene) and respondent (Coralynne) are adult sisters, with one brother (Clifton Jnr). Their mother died in July 2019. By her will dated 16 May 2019, the deceased left the family home in Fairfield to Charlene and gifts of $40,000 to each of Coralynne and Clifton Jnr, with the residue to be divided equally between the three children. The deceased had taken her interest in the Fairfield property upon the death of her husband in 2016,…