The Estate of Nelly Mary Aston; The Estate of Riley Davis Aston [2024] NSWSC 804

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Nelly Mary Aston; The Estate of Riley Davis Aston [2024] NSWSC 804 Hearing dates: 26 April 2024 and consideration on the papers. Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Equity Before: Slattery J Decision: Declaration made that the estate of Nelly Mary Aston owes the estate of Riley Davis Aston a debt of $275,000 arising out of loan agreement dated 30 July 2015 made between Nelly Aston and Riley Aston. Directions made for parties to put immediate argument about costs. Catchwords: SUCCESSION — Administration of estates — dispute in relation to whether money is owed to the estate of Nelly Mary Aston by the estate of Riley Davis Aston or vice versa – dispute has persisted throughout various attempts to pass estate accounts – Court has power under Uniform Civil Procedure Rule, 54.3 to grant relief on any question arising in the administration of an estate without general administration proceedings being commenced – dispute about debts owing to or by an estate could be determined in general administration proceedings – the need for finality in the estate administration favours the determination of the issue – whether a debt is owed to the estate or by the estate of Nelly Mary Aston. Legislation Cited: Imperial Application Act 1969, s 13 Uniform Civil Procedure Rules 2005, r 54.3 Cases Cited: Darrington v Caldbeck (1990) 20 NSWLR 212 Category: Procedural rulings Parties: 2015/381877 Anne Krelle (Applicant) Riley Aston (Respondent)

2020/140143 Anne Patricia Aston (Applicant) Ric James Aston (Respondent) Representation: Counsel: Ms I Hoskinson (Applicants) Ms T Fishburn (Respondents)