Wardy v NSW Trustee and Guardian [2020] NSWCA 169

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wardy v NSW Trustee and Guardian [2020] NSWCA 169 Hearing dates: 3 August 2020 Date of orders: 3 August 2020 Decision date: 03 August 2020 Before: White JA Decision: See paras [44] and [45]. Catchwords: CIVIL PROCEDURE — Court of Appeal — Injunction – Whether executor ought to be restrained from selling, encumbering or otherwise dealing with certain real property which forms part of the factual substratum of the appeal – Where insufficient liquid assets in the estate to meet debts and administration expenses – Where undertakings proffered by the applicant, who is also the primary creditor of the estate, not to seek to enforce or charge interest on the debts until resolution of the appeal – Interlocutory injunction granted – Whether other injunctions ought to be made restraining the executor from dealing with other real property – Undertaking proffered by executor – Injunctions refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Cases Cited: NSW Trustee and Guardian v Wardy [2020] NSWSC 18 Pateman v Heyen (1993) 33 NSWLR 188 Wardy v Salier [2014] NSWSC 473 Category: Procedural and other rulings Parties: John Wardy (Applicant) NSW Trustee and Guardian (Respondent) Representation: Counsel: M W Sneddon (Applicant) M Meek SC (Respondent)

Solicitor: Paul Marsh, Solicitor (Applicant) NSW Trustee & Guardian (Respondent) File Number(s): 2020/62824