Linney v Solomou (No 2) [2020] NSWSC 1242

Linney v Solomou (No 2) [2020] NSWSC 1242

Having regard to the plaintiff's affidavit addressing the matters relevant to approval under s 95 of the Succession Act 2006 (NSW), the defendant's affidavit, and the parties' consent, the Court made orders dismissing the proceedings, ordering payment of agreed costs, and approving the plaintiff's release of rights to apply for a family provision order.

Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Succession — Family Provision — Approval of Release / On the Papers; Consent Orders Dismissing the Proceedings and Approving Release
Outcome
Proceedings dismissed by consent; plaintiff's release of family provision rights approved; defendant ordered to pay agreed costs.
Legal Topics
['family Provision' 'approval of Release' 'costs' 'dismissal of Proceedings']
['succession' 'equity' 'costs'] ['family Provision' 'approval of Release' 'costs' 'dismissal of Proceedings']

Case Brief

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Procedural Posture

Succession — Family Provision — Approval of Release / On the Papers; Consent Orders Dismissing the Proceedings and Approving Release

Legal Issues

  1. 1 ["Whether the Court should approve, pursuant to s 95 of the Succession Act 2006 (NSW), the plaintiff's release of rights to apply for a family provision order out of the estate or notional estate of the deceased." 'Whether the proceedings should be dismissed and costs orders made by consent.']

Ratio Decidendi

Having regard to the plaintiff's affidavit addressing the matters relevant to approval under s 95 of the Succession Act 2006 (NSW), the defendant's affidavit, and the parties' consent, the Court made orders dismissing the proceedings, ordering payment of agreed costs, and approving the plaintiff's release of rights to apply for a family provision order.

Court Disposition

Proceedings dismissed by consent; plaintiff's release of family provision rights approved; defendant ordered to pay agreed costs.

Orders

  • ['Order that the proceedings be dismissed.' "Order that the defendant pay the plaintiff's costs, agreed in the sum of $45,000 within 28 days of these orders." 'Order that the release by the plaintiff of her rights to apply for a family provision order out of the whole, or any part, of the estate or notional estate...