Webster v Strang; Steiner v Strang [No 2] [2018] NSWSC 1411

Webster v Strang; Steiner v Strang [No 2] [2018] NSWSC 1411

Orders determining the burden of additional provision should not be disturbed without sufficient new evidence or changed circumstances; where updates did not materially alter the factual matrix, the order requiring the legacies of Robyn's Family to bear provision for Robyn stands; debts owed by John to Lesley's Family are to be discharged without diminishing their legacies; stays pending appeal granted provided notice of appeal filed within four weeks, with partial advancement to Robyn conditional on undertakings.

Jurisdiction
Australia
Judgment Date
13 September 2018
Procedural Posture
Family Provision / Equity Succession / Post Judgment Orders Following Principal Judgment; Motions to Vary Orders and for Stays Pending Appeal
Outcome
Applications to vary burden of provision dismissed; joinder of parties as defendants granted; stays of orders pending appeal granted subject to terms; final orders to be made reflecting reasons above.
Legal Topics
['family Provision' 'maintenance Claims by Adult Children' 'variation of Orders' 'stays Pending Appeal' 'burden of Provision Among Beneficiaries']
['succession Law' 'equity'] ['family Provision' 'maintenance Claims by Adult Children' 'variation of Orders' 'stays Pending Appeal' 'burden of Provision Among Beneficiaries']

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Procedural Posture

Family Provision / Equity Succession / Post Judgment Orders Following Principal Judgment; Motions to Vary Orders and for Stays Pending Appeal

Legal Issues

  1. 1 ["What provision should be made for John's accommodation under the Will and from which part of the estate" 'How should the burden of additional provision for Robyn and John be distributed among beneficiaries under the Will' 'Whether stays pending appeal should be granted on the final orders in both cases']

Ratio Decidendi

Orders determining the burden of additional provision should not be disturbed without sufficient new evidence or changed circumstances; where updates did not materially alter the factual matrix, the order requiring the legacies of Robyn's Family to bear provision for Robyn stands; debts owed by John to Lesley's Family are to be discharged without diminishing their legacies; stays pending appeal granted provided notice of appeal filed within four weeks, with partial advancement to Robyn conditional on undertakings.

Court Disposition

Applications to vary burden of provision dismissed; joinder of parties as defendants granted; stays of orders pending appeal granted subject to terms; final orders to be made reflecting reasons above.

Orders

  • ["Lesley's Family and Robyn's Family joined as defendants as appropriate in both cases." 'Additional provision for John set as $500,000 for two bedroom Townsville unit, debts to be discharged by defendants directly.' "Debts owed by John to Lesley's Family to be satisfied from legacies to John's children and...