News
Robert McCaw successful in Farrance v Pergol [2026] NSWSC 382
Other Expertise / Friday, 24th April 2026
The Floor’s Robert McCaw has successfully represented a Plaintiff Estate in the Possession List before Elkaim AJ in the Supreme Court of New South Wales where there were parallel proceedings between the parties in the Family Provision list. The Defendant’s sought an injunction restraining the sale of the estate property on the basis that they were seeking the grant of a life estate or a crisp order in the family provision proceedings. The Defendant failed to establish that there was a serious question to be tried and further found the balance of convenience weighed against granting injunctive relief. His Honour emphasised the Defendant’s delay, prejudice to third party purchasers, and the absence of properly pleaded relief in the family provision in finding in the Plaintiff’s favour. Robert McCaw was briefed by Sando Rashed from David Legal.
The full judgment can be viewed at the following link: https://www.caselaw.nsw.gov.au/decision/19d94bbda0825ae6dea65d04