Genesian Theatre Company Inc v State of New South Wales [2021] NSWSC 1089

Supreme Court New South Wales

Medium Neutral Citation: Genesian Theatre Company Inc v State of New South Wales [2021] NSWSC 1089 Hearing dates: 01 July 2021 Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Common Law Before: Garling J Decision: (1) Declare that upon their proper construction the words "… and any other persons …" in s 61B(8) of the Wills, Probate and Administration Act 1898, as in force at 14 February 2008, mean and include an individual, a corporation, and a body corporate. (2) Declare that the plaintiff, Genesian Theatre Company Inc, as an incorporated association, is a person within the meaning of the words "… and any other person …" in s 61B(8) of the Wills, Probate and Administration Act 1898 as in force at 14 February 2008. (3) Each party is to pay its own costs of the proceedings. Catchwords: SUCCESSION – Administration of estates – persons entitled on intestacy – whether body corporate entitled to estate STATUTORY INTERPRETATION – Definitions – Interpretation Act 1987 (NSW) s 21 – "person" – whether s 61B(8) of Wills, Probate, Administration Act 1898 is read to include body corporates as a person entitled to an intestate estate Legislation Cited: Interpretation Act 1987 (NSW) Succession Act 2006 (NSW) Succession Amendment (Intestacy) Act 2009 (NSW) Wills, Probate and Administration Act 1898 (NSW) Cases Cited: Hunter Support Services Pty Ltd v The Children's Guardian [2005] NSWSC 616 K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd [1985] HCA 48; (1985) CLR 309 Kaldas v Barbour [2017] NSWCA 275 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Union Steamship Co of New Zealand Limited v Melbourne Harbour Trust Commissioners (1882) 8 VLR 167 Texts Cited: Not Applicable Category: Principal judgment Parties: Genesian Theatre Company Inc (P) State of New South Wales (D) Representation: Counsel: D Bernie (P) M Pringle (D)