Application of Lord and Lord [2024] NSWSC 317

Supreme Court New South Wales

Medium Neutral Citation: Application of Lord and Lord [2024] NSWSC 317 Hearing dates: 20 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Equity Before: Pike J Decision: (1) The plaintiffs are justified in selling the estate realty situated at and known as 18 Lamont Crescent, West Wyalong (folio identifier 1008/753135), notwithstanding the notation in the family provision orders made in Equity proceedings 2019/00246124. (2) The costs of the application be paid out of the estate of the late Richard Martin Lord on the indemnity basis. Catchwords: SUCCESSION – trusts and trustees – judicial advice – application for judicial advice pursuant to s 63 of the Trustee Act 1925 (NSW) – no question of principle Legislation Cited: Trustee Act 1925 (NSW) Cases Cited: Application of Macedonian Orthodox Community Church St Petka Inc [2023] NSWSC 918 Texts Cited: Nil Category: Principal judgment Parties: Christopher John Lord (First Plaintiff) Samantha Jane Lord (Second Plaintiff) No Defendant Representation: Counsel: M Pringle (Plaintiffs)

Solicitors: Bale Boshev Lawyers File Number(s): 2023/443926 Publication restriction: Nil

JUDGMENT

Introduction 1. By summons filed 7 December 2023, the plaintiffs, as executors of the estate of the late Richard Martin Lord (Deceased), seek the Court's opinion, advice or direction pursuant to s 63 of the Trustee Act 1925 (NSW) (Act) as to whether, in the circumstances described below, the executors would be justified in selling a property asset of the estate to satisfy the entitlements of three of the six beneficiaries of the estate who are sui juris. 2. For the reasons set out below, I am satisfied that it is appropriate to provide the advice sought.