Jones v Jones [2024] NSWSC 210

Jones v Jones [2024] NSWSC 210

The email exchange culminating on 11 May 2023 objectively confirmed agreement on the plaintiff receiving 27% of the net assets of Josephine's Estate, plus costs from the gross estate, and thereby resolved the s 59 Succession Act proceedings. The contemplated deed and ancillary mechanics did not prevent that settlement from being enforceable under s 73. The 8 September 2023 deed was not enforceable under s 73 because the court notation of 13 October 2023, using the word "seemingly", was insufficient to establish agreement to the deed in its entirety, and s 73 was concerned with compromise of the proceedings rather than the wider ancillary matters.

Jurisdiction
Australia
Judgment Date
06 March 2024
Procedural Posture
Equity Succession & Probate List Probate; Notice of Motion Seeking Orders Under S 73 of the Civil Procedure Act 2005 (nsw) That Substantive Succession Act Proceedings Had Been Resolved / Procedural Ruling on Plaintiff's Notice of Motion Filed 6 October 2023
Outcome
Declaration made that the Succession Act proceedings were compromised and settled on 11 May 2023; parties directed to bring in short minutes.
Legal Topics
['settlement Enforcement' 'compromise of Proceedings' 'family Provision Claim' 'masters V Cameron Categories' 'without Prejudice Communications']
['civil Procedure' 'succession and Probate'] ['settlement Enforcement' 'compromise of Proceedings' 'family Provision Claim' 'masters V Cameron Categories' 'without Prejudice Communications']

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Procedural Posture

Equity Succession & Probate List Probate; Notice of Motion Seeking Orders Under S 73 of the Civil Procedure Act 2005 (nsw) That Substantive Succession Act Proceedings Had Been Resolved / Procedural Ruling on Plaintiff's Notice of Motion Filed 6 October 2023

Legal Issues

  1. 1 ['Whether the Succession Act proceedings were compromised or settled for the purposes of s 73 of the Civil Procedure Act 2005 (NSW).' "Whether an enforceable settlement arose on 11 May 2023 when the parties agreed that the plaintiff would receive 27% of the net assets of Josephine's Estate plus costs from the gross estate." 'Whether the unsigned deed exchanged on 8 September 2023 was enforceable under s 73 of the Civil Procedure Act 2005 (NSW).' 'Whether ancillary matters concerning the mechanics of dealing with the Lansvale property prevented the Succession Act proceedings from being settled.']

Ratio Decidendi

The email exchange culminating on 11 May 2023 objectively confirmed agreement on the plaintiff receiving 27% of the net assets of Josephine's Estate, plus costs from the gross estate, and thereby resolved the s 59 Succession Act proceedings. The contemplated deed and ancillary mechanics did not prevent that settlement from being enforceable under s 73. The 8 September 2023 deed was not enforceable under s 73 because the court notation of 13 October 2023, using the word "seemingly", was insufficient to establish agreement to the deed in its entirety, and s 73 was concerned with compromise of the proceedings rather than the wider ancillary matters.

Court Disposition

Declaration made that the Succession Act proceedings were compromised and settled on 11 May 2023; parties directed to bring in short minutes.

Orders

  • ['A declaration pursuant to s 73 of the Civil Procedure Act 2005 (NSW) that the Succession Act proceedings have been compromised and settled on 11 May 2023.' "I direct that within seven days of today's date the parties bring in short minutes to give effect to these reasons for judgment." 'If the parties are unable...