NSW Trustee and Guardian v Wardy (No. 2) [2022] NSWSC 9

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian v Wardy (No. 2) [2022] NSWSC 9 Hearing dates: 19 October 2021 & 15 November 2021 Date of orders: 10 January 2022 Decision date: 10 January 2022 Jurisdiction: Equity Before: Slattery J Decision: As to issue (1), the defendant/cross-claimant is ordered to pay the plaintiff/cross-defendant's costs of the Cross-Claim. As to issue (5), set aside Declaration (3) made on 29 January 2020, pursuant to UCPR, r 36.15. Catchwords: CIVIL PROCEDURE – Probate and administration of estates – Court of Appeal upholds prior decision of trial judge to approve the substitution by the administrator of an estate of specific real property (the George Street property) for other real property (the Cleveland Street property), the latter of which had been specifically gifted to named beneficiaries but which had been sold to satisfy some of the estate's substantial debts – of six remaining issues, one has been resolved and two are determined by this judgment – what costs order should be made in respect of the costs of the Cross-Claim – can and should Declaration (3) of the 2020 judgment be revisited – three other issues are not ready for argument and are deferred for later determination. Legislation Cited: Uniform Civil Procedure Rules 2005, rr 36.15, 42.1 Cases Cited: Miltonbrook Pty Ltd v Westbury Holdings Kiama Pty Ltd (2008) 71 NSWLR 262 NSW Trustee and Guardian v Wardy [2017] NSWSC 1466 NSW Trustee and Guardian v Wardy [2020] NSWSC 18 Wardy v NSW Trustee and Guardian [2020] NSWCA 169 Wardy v NSW Trustee and Guardian (No 2) [2020] NSWCA 271 Wardy v Salieh; Wardy v The Estate of the late Edmond Wadih Wardy [2014] NSWSC 473 Wardy v Wardy & Ors; The Estate of Edmund Wadih Wardy [2013] NSWSC 244 Category: Consequential orders Parties: Counsel: