Estate Joseph Kearney [2024] NSWSC 816

Supreme Court New South Wales

Medium Neutral Citation: Estate Joseph Kearney [2024] NSWSC 816 Hearing dates: 21 June 2024 Date of orders: 28 June 2024 Decision date: 03 July 2024 Jurisdiction: Equity Before: Slattery J Decision: Declaration made that the war medals form part of the residue of the estate of the deceased. Order made for delivery up of the war medals by the respondent to the applicant. Respondent ordered to pay the applicant's costs of the war medals dispute, fixed in the sum of $2,500. Catchwords: EQUITY – equitable remedies – specific delivery of chattels – specific delivery of rare and unique items – war medals in the possession of the deceased not disposed of specifically by his will – the applicant who is entitled to the residue of the deceased's estate, requests delivery of the war medals to her by the respondent, the executor of the estate – the respondent refuses to deliver the war medals claiming that they were gifted to him by the deceased during the deceased's lifetime – whether the deceased gifted the war medals to the respondent – whether the war medals form part of the residue of the deceased's estate. Legislation Cited: Civil Procedure Act 2005, s 14 District Court Act, 1973, s 134 Uniform Civil Procedure Rule 2005, r 42.4 Cases Cited: Maxwell v Maxwell [2022] NSWSC 1028 Polistena v Mitton; Agnew v Mitton [2011] NSWSC 931 Thomas v The Times Book Co Ltd [1966] 2 All ER 241 Texts Cited: Meagher Gummow and Lehane's: Equity Doctrines and Remedies, Fifth Edition, 2015, LexisNexis Butterworths, Australia Category: Consequential orders Parties: Loran Michelle Hogan (Applicant) Christopher Thomas Kearney (Respondent) Representation: Counsel: Mr R Tregenza (Applicant) Mr F Maghami (Respondent)