Cooper v Atkin

[2021] NSWCA 82

NSW Court of Appeal

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Interrogate

Catchwords

1. Succession
2. › Family provision
3. › Claim by adult step-child
4. › Whether adequate provision for proper maintenance or advancement in life not made by will
5. › Whether primary judge refused provision by reason of disentitling conduct
6. › Succession Act 2006 (NSW), Ch 3, ss 57(1)(e), 59
1. Appeal
2. › Leave to appeal
3. › Small amount involved
4. › Whether issue of principle, question of public importance, or reasonably clear injustice identified
5. › Proportionality of costs to amount in dispute
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)(i)
7. › Civil Procedure Act 2005 (NSW), s 60

Quick Take

This case is a routine refusal of leave to appeal in a family provision matter involving a small estate and illustrates the weight given to proportionality of costs under s 60 of the Civil Procedure Act 2005 (NSW) in leave applications.