English v Stewart [2022] NSWSC 268

Supreme Court New South Wales

Medium Neutral Citation: English v Stewart [2022] NSWSC 268 Hearing dates: In chambers Date of orders: 17 March 2022 Decision date: 17 March 2022 Jurisdiction: Equity Before: Hallen J Decision: The Court: (1) Orders, pursuant to s 93(2) of the Probate and Administration Act 1898 (NSW), that the Defendant is barred from making any claim against the Plaintiff as administrator of the estate of Vivienne Violet Snape, the deceased having died on 30 March 2017. (2) Orders that the Plaintiff's costs, calculated on the indemnity basis, of the proceedings, be paid out of the estate of the deceased. Catchwords: SUCCESSION – EXECUTORS AND ADMINISTRATORS – notice barring claims under s 93, following service of notice under s 92 of the Wills Probate and Administration Act 1898 – Claims to which such a notice can apply – Applicable principles Legislation Cited: Civil Procedure Act 2005 (NSW), ss 11, 71 Probate and Administration Act 1898 (NSW), ss 92 and 93 Supreme Court Act 1970 (NSW), s 11 Uniform Civil Procedure Rules 2005 (NSW), r 1.2, 6.1, 6.10(1)(b) Cases Cited: Aitken; Re Maier v Hearne [2020] VSC 432 Application of Lewis; Estate of the late Shirley Jean Coleman [2020] NSWSC 192 Graham v Graham [2015] NZHC 1571 Guardian Trust & Executors Company of New Zealand Limited v Public Trustee of New Zealand [1942] AC 115 Hassan v Sydney Local Health District (No 4) [2021] NSWCA 187 In re Long (decd) [1951] NZLR 661 In the Will of Walker (1943) 43 SR (NSW) 305 Kelly v Kelly (2019) 17 ASTLR 429; [2019] NSWSC 994 King Investment Solutions v Hussain (2005) 64 NSWLR 441; [2005] NSWSC 1076 Le Grand v Criminal Justice Commission (No 2) [2001] QCA 432 Ludwig v The Public Trustee (2006) 68 NSWLR 69; [2006] NSWSC 890 McGrath v Troy as administratrix of the estate of the Late Warren Terence Wade [2010] NSWSC 1470 Olsen v James [2020] NSWSC 1015 Scottish Equitable Life Assurance Society v Beatty [1889] 29 LR (Ir) 290 Category: Principal judgment Parties: Nola May English (Plaintiff) Donald Richard Charles Stewart (Defendant) Representation: Counsel: Greg Waugh SC and Anna Garsia (Plaintiff)