The Estate of Wendy Gwynne Price; Lanigan v Price (No. 2) [2020] NSWSC 1518

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Wendy Gwynne Price; Lanigan v Price (No. 2) [2020] NSWSC 1518 Hearing dates: 10 and 18 December 2019 and 20 March 2020; post hearing written submissions finalised on 9 June 2020. Parties asked the Court not to deliver judgment whilst settlement negotiations proceeded. Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Equity Before: Slattery J Decision: The parties are directed to bring in short minutes of order to give effect to these reasons. Catchwords: SUCESSION – administration of estates – plaintiffs are executors of an estate – defendant is a beneficiary – dispute concerning the administration of the estate settled in October 2018 by terms of settlement incorporated into orders of the court – defendant alleges that the plaintiffs have not sold certain estate real property in conformity with those orders, nor that they have provided him with the opportunity to purchase other estate real property in accordance with those orders – attempts made to give effect to the October 2018 terms of settlement – whether the plaintiff executors have failed to perform their duty to administer the estate according to law. Legislation Cited: Civil Procedure Act 2005 Conveyancing Act 1919, ss 145, 145(1) Succession Act 2006, ss 59, 66, 66(1) Trustee Act 1925, s 63 Uncollected Goods Act 1991 Cases Cited: Apollo Shower Screens Pty Ltd v. Building and Construction Industry Long Service Payments Corporation (1985) 1 NSWLR 561 Drummond v Drummond [1999] NSWSC 923 Glenda Phillips v James Phillips; John Matthew Phillips by his Tutor NSW Trustee & Guardian v James Phillips (No 3) [2017] NSWSC 409 Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 Marinchek v Cabport Pty Ltd [2010] NSWCA 334 Mohamed v Farah [2004] NSWSC 482 National Trustees Executors & Agency Co of Australasia Ltd v Barnes (1941) 64 CLR 268 Nobarani v Mariconte (No 2) (2018) 360 ALR 390 Nolan v Collie [2003] 7 VR 287; [2003] VSCA 39 Re Jones; Christmas v Jones [1897] 2 Ch 190 Taylor v. Johnson (1983) 151 CLR 422 The Estate of Wendy Gwynne Price [2020] NSWSC 782Vacuum Oil Co Pty Ltd v Wiltshire (1945) 72 CLR 319 Texts Cited: GE Dal Point, Equity and Trusts in Australia (Thomson Reuters, 7th ed, 2019) 682-3 [23.135] Mason & Handler, Succession Law and Practice NSW (LexisNexis, 2020) at [6089] Category: Consequential orders (other than Costs) Parties: Plaintiff: Kerri-Anne Lanigan Second plaintiff: Ian Barry Smart