Grant v Grant; Grant v Grant (No. 4) [2022] NSWSC 106

Supreme Court New South Wales

Medium Neutral Citation: Grant v Grant; Grant v Grant (No. 4) [2022] NSWSC 106 Hearing dates: 3, 11 February 2022 Date of orders: 11 February 2022 Decision date: 14 February 2022 Jurisdiction: Equity Before: Slattery J Decision: The plaintiff appointed as administrator of the estate of the deceased except with respect to the sale of the Killcare property. A separate administrator, Mr Dornan appointed as administrator of the estate for the sale of the Killcare property. Orders made for the sale of the Killcare property. Judgment for possession of the Killcare property entered against the first defendant and in favour of the administrator for the sale of the Killcare property. Catchwords: SUCCESSION – administration of a deceased estate – consequential orders – in earlier judgments in these proceedings the second defendant, the registered proprietor of certain real estate (the Killcare property) was found to hold that real estate on trust for a deceased estate represented by the plaintiff as administrator ad litem – the Killcare property is occupied by the first defendant – the plaintiff seeks permanent appointment as the administrator of the estate and seeks that an independent solicitor be appointed as an administrator with respect to the sale of the Killcare property – defendants object to this course – the first defendant not present at the hearing – whether the first defendant has adequate notice of the hearing – whether these appointments as administrators should be made – what order should be made with respect to terminating the occupation of the first defendant at the Killcare property – what other ancillary orders should be made. INJUNCTION – mandatory injunction – plaintiff claims mandatory injunction to require the first defendant to vacate the Killcare property – first defendant recalcitrant in complying with the Court's orders – foreseeable that she may not comply with a mandatory injunction – whether judgment for possession should be given with a writ for possession to issue to be executed by the sheriff, to reduce the prospect of breaches of the peace and eliminate the possibility of contempt of the court's orders. Legislation Cited: Probate and Administration Act, 1898, s 73. Conveyancing Act 1919, s 66G Civil Procedure Act 2005, ss 56 and 57 Uniform Civil Procedure Rules (NSW) 2005, r 7.10 Cases Cited: Grant v Grant [2021] NSWCA 181 Grant v Grant; Grant v Grant (No 2) [2020] NSWSC 1288 Grant v Grant; Grant v Grant (No 3) [2021] NSWSC 1 Taunton v Taunton [2019] NSWSC 1513 Category: Consequential orders Parties: In proceedings 2017/316190 ("the estate recovery proceedings"):