Bayside Council v Estate of Goodman (No 2) [2021] NSWSC 654

Supreme Court New South Wales

Medium Neutral Citation: Bayside Council v Estate of Goodman (No 2) [2021] NSWSC 654 Hearing dates: 8 June 2021 Date of orders: 8 June 2021 Decision date: 08 June 2021 Jurisdiction: Equity Before: Lindsay J Decision: (1) Judgment entered for the plaintiff in the sum of $3,744,557.64, plus costs, against the unrepresented estate of the late Gary William Goodman (the first defendant). (2) Directions given for service of notice of the judgment on persons who may be interested in the estate of Mr Goodman, reserving to them liberty to apply for an order that the judgment be set aside or varied. (3) Reservation of questions relating to a grant of administration of the estate of Mr Goodman and the payment out of court of the sum of $184,955.06 held in court consequent upon a sale of land ostensibly owned by Mr Goodman. Catchwords: CIVIL PROCEDURE – Parties – Representative order – Judgment entered for plaintiff against unrepresented estate of deceased with liberty reserved for any party interested in the estate to apply for judgment to be set aside or varied CIVIL PROCEDURE – Parties – Representative order – Judgment entered against deceased estate in circumstances where persons interested in the estate failed to obtain a formal grant of representation or consent to a representative order Legislation Cited: Probate and Administration Act 1898 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Bayside Council v Estate of Goodman [2019] NSWSC 530 Category: Principal judgment Parties: Plaintiff: Bayside Council First Defendant: The Estate of the late Gary William Goodman Representation: Counsel: Plaintiff: Y Shariff SC and J Alderson First Defendant: No appearance