Seeto v Seeto [2014] NSWCA 295

Seeto v Seeto [2014] NSWCA 295

Approval of the settlement and release of further claims was appropriate in these interdependent proceedings pursuant to s 31 of the Family Provision Act 1982, and the appeal should be upheld in part with variation to certain orders.

Jurisdiction
Australia
Judgment Date
29 August 2014
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld in part; orders of Supreme Court varied; appellant to pay respondent's costs; other orders as per consent.
Legal Topics
['family Provision Claim' 'approval of Release of Rights to Further Claim']
['wills and Estates'] ['family Provision Claim' 'approval of Release of Rights to Further Claim']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the appeal against orders from the Supreme Court regarding family provision should succeed in whole or in part' 'Whether the release by Phillip Seeto of further family provision claims should be approved under s 31 of the Family Provision Act 1982 (NSW)']

Ratio Decidendi

Approval of the settlement and release of further claims was appropriate in these interdependent proceedings pursuant to s 31 of the Family Provision Act 1982, and the appeal should be upheld in part with variation to certain orders.

Court Disposition

Appeal upheld in part; orders of Supreme Court varied; appellant to pay respondent's costs; other orders as per consent.

Orders

  • ['Order that the appeal be upheld in part.' "Order that the orders made by the Supreme Court (Slattery J) on 20 September 2013 be varied as follows: Order 2 varied by deleting reference to orders 5 and 7; Order 3 varied by deleting all words after 'deceased'; Orders 4, 7, 8, and 9 deleted." 'Order that the appeal...