The Estate of Wendy Gwynne Price [2020] NSWSC 782

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Wendy Gwynne Price [2020] NSWSC 782 Hearing dates: Application made in Chambers on 3 June 2020. Date of orders: 23 June 2020 Decision date: 23 June 2020 Jurisdiction: Equity Before: Slattery J Decision: The restraint against the plaintiffs selling the parcel of estate real property will not be renewed. The plaintiffs are at liberty to engage an agent to sell the real property on the open market. Directions made for preparation of the property for sale by the plaintiffs and for the defendant to retrieve his chattels at his own expense. Catchwords: CIVIL PROCEDURE - interlocutory orders – the plaintiffs are executors of an estate – the defendant is a beneficiary of the estate – upon the expiry of orders restraining the plaintiffs from selling certain real property in the estate, the plaintiffs seek liberty to sell the property on the open market – whether or not the expired restraining orders should be renewed – whether the defendant should be given more time to take advantage of previous unperformed orders, which allowed the defendant to acquire the real property from the plaintiffs. Legislation Cited: Civil Procedure Act 2005 Succession Act 2006, Chapter 3, s 59 Category: Consequential orders (other than Costs) Parties: Plaintiff: Kerri-Anne Lanigan Second plaintiff: Ian Barry Smart

Defendant: Matthew Ian Price Representation: Counsel: Plaintiffs: M Foran Defendant: C.F. Hodgson

Solicitors: Plaintiffs: M. Coffey, Gells Lawyers Defendant: M. Ross-Maranik, Keypoint Law File Number(s): 2015/29454 Publication restriction: No