Olsen v James (No 2) [2020] NSWSC 1432

Supreme Court New South Wales

Medium Neutral Citation: Olsen v James (No 2) [2020] NSWSC 1432 Hearing dates: 7 and 15 October 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Equity Before: Parker J Decision: See [30] Catchwords: CIVIL PROCEDURE – pre-judgment interest – breach of executor's duties – executor paid preliminary distributions to some only of the beneficiaries – whether interest on make-up payments to be calculated at legacy or general statutory rates COSTS – party/party – administration of estate – executor's claim for indemnity and for repayment of preliminary distributions Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Probate Administration Act 1898 (NSW), s 84(A) Category: Costs Parties: Jens Ottar Olsen (Plaintiff/First Cross-Defendant) Trevor Gordon James (Defendant/Cross-Claimant) Guide Dogs NSW/ACT (Second Cross-Defendant) Illawarra Shoalhaven Local Health District (Wollongong Hospital) (Third Cross-Defendant) Royal Flying Doctors Services South Eastern Section (Fourth Cross-Defendant) Daniel Michael Sullivan (Fifth Cross-Defendant) Representation: Advocates M Langenheim (Counsel) (Plaintiff/ First Cross-Defendant) P O'Loughlin (Counsel) (Defendant/Cross-Claimant) BJ Dornan (Solicitor) (Fourth Cross-Defendant) D Sullivan (Fifth Cross-Defendant)

Solicitors William Purdon (Plaintiff/First Cross-Defendant) WMD Law (Defendant/First Cross-Claimant) L Rundle & Co Solicitors(Fourth Cross-Defendant) File Number(s): 2015/12561 Publication restriction: Nil