Gibbins Investments Pty Ltd v Samuel Savage as Executor of the Estate of John Thomas Savage (Deceased) No 2 [2012] FCA 787

FEDERAL COURT OF AUSTRALIA

Gibbins Investments Pty Ltd v Samuel Savage as Executor of the Estate of John Thomas Savage (Deceased) No 2 [2012] FCA 787 Citation: Gibbins Investments Pty Ltd v Samuel Savage as Executor of the Estate of John Thomas Savage (Deceased) No 2 [2012] FCA 787

Parties: GIBBINS INVESTMENTS PTY LTD (ACN 122 828 369) v SAMUEL SAVAGE AS EXECUTOR OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED), TERESA CLEGG AS EXECUTRIX OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED) and MARYELLEN QUIGLEY AS EXECUTRIX OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED)

File number: VID 259 of 2012

Judge: MARSHALL J

Date of judgment: 30 July 2012

Catchwords: No catchwords

Legislation: Evidence Act 1995 (Cth) s 131

Cases cited: Gibbins Investments Pty Ltd v Samuel Savage as Executor of the Estate of John Thomas Savage (Deceased) [2012] FCA 742

Dates of hearing: Not applicable

Place: Melbourne

Division: GENERAL DIVISION

Number of paragraphs: 16

Solicitor for the Applicant: Wisewould Mahony Lawyers

Solicitor for the Respondents: Thomsons Lawyers

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 259 of 2012

BETWEEN: GIBBINS INVESTMENTS PTY LTD (ACN 122 828 369)

Applicant

AND: SAMUEL SAVAGE AS EXECUTOR OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED)

First Respondent

TERESA CLEGG AS EXECUTRIX OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED)

Second Respondent

MARYELLEN QUIGLEY AS EXECUTRIX OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED)

Third Respondent

JUDGE: MARSHALL J DATE OF ORDER: 30 JULY 2012 WHERE MADE: MELBOURNE