| NSW Trustee and Guardian v State of New South Wales (NSWSC) - succession - intestacy - determination of sequences of deaths of mother and son - declarations and orders |
| SAB Closed 1 Pty Ltd v Bees & Honey Pty Ltd; Bees & Honey Pty Ltd v SAB Closed 1 Pty Ltd (NSWSC) - costs - summons and cross-summons dismissed in proceedings - plaintiff to pay 80% of defendant’s costs |
| Permanent Custodians Ltd v Bertola (WASC) - caveat - order restricting lodging of further caveat in respect of property |
| Summaries With Link (Five Minute Read) |
NSW Trustee and Guardian v State of New South Wales [2015] NSWSC 1121
Supreme Court of New South Wales
Hallen J
Succession - intestacy - rights of succession - plaintiff administrator of deceased’s estate sought determination as to order of deaths of deceased son and deceased mother, declarations and costs orders - principal question was sequence of deaths of mother and son, relevant to destination of their estates and person or persons entitled on intestacy - held: Court satisfied plaintiff established on balance of probabilities that son died before mother - it was not “uncertain” which of mother and son survived - Court able to determine who did survive the other without resort to statutory presumption referred to in s35 Conveyancing Act 1919 (NSW) - declarations and orders made.
NSW
|
SAB Closed 1 Pty Ltd v Bees & Honey Pty Ltd; Bees & Honey Pty Ltd v SAB Closed 1 Pty Ltd [2015] NSWSC 1162
Supreme Court of New South Wales
Stevenson J
Costs - Court found defendant purchaser entitled to terminate agreement and plaintiff vendor not entitled to damages sought - Court found defendant not entitled to return of deposit - held: neither party achieved success sought - however overall defendant had been successful - it would produce undue cost and expense in assessment process were Court made costs orders for each issue won or lost by parties - plaintiff to pay 80% of defendant’s costs - Court not prepared to make gross sums costs order under s98(4)(c) Civil Procedure Act 2005 (NSW) - defendant to pay costs thrown away of arranging for witness to travel from France who was not ultimately required for cross-examination.
SAB
|
Permanent Custodians Ltd v Bertola [2015] WASC 301
Supreme Court of Western Australia
Master Sanderson
Caveat - plaintiff sought order against first defendant for removal of caveat over property - there was no serious question to be tried as interest of prior registered mortgagee was paramount and indefeasible against alleged subsequent interest - caveat lapsed by time matter came for hearing - plaintiff sought order that no further caveat be lodged by first defendant in relation property without leave of Court - held: first defendant was serial caveator - caveats entirely without merit in relation to matters involving plaintiff - orders made restricting first defendant from lodging any further caveats.
Permanent
|
