NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Estate of Wendy Gwynne Price (No. 3) [2021] NSWSC 15 Hearing dates: On the papers in chambers. Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Equity Before: Slattery J Decision: Plaintiffs not further required to sell the estate real property to the defendant. Ancillary orders made to implement the settlement agreement and in the administration of the estate. Catchwords: SUCCESSION - Administration of estates – the plaintiffs are executors of an estate – the defendant is a beneficiary of the estate – the plaintiffs and the defendant settled family provision litigation making consent orders for the sale of certain estate real property to the defendant – upon the expiry of orders restraining the plaintiffs from selling the subject real property, the plaintiffs were at liberty to sell the property on the open market – whether any orders should be made requiring the plaintiffs to sell the real estate to the defendant, and if so on what terms – what other ancillary orders should be made in performance of the terms of settlement and in the administration of the estate. Legislation Cited: Conveyancing Act 1919, s 145 Succession Act 2006, s 66 (1) Cases Cited: The Estate of Wendy Gwynne Price [2020] NSWSC 782 The Estate of Wendy Gwynne Price; Lanigan v Price (No. 2) [2020] NSWSC 1518). Category: Consequential orders (other than Costs) Parties: Plaintiff: Kerri-Anne Lanigan Second plaintiff: Ian Barry Smart
Defendant: Matthew Ian Price Representation: Counsel:
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