Albecz v Bloom [2024] NSWCA 166

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Albecz v Bloom [2024] NSWCA 166 Hearing dates: 10 July 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Before: Stern JA; Basten AJA Decision: (1) Dismiss the summons for leave to appeal filed 2 May 2024. (2) Order that the applicant pay the respondent's costs in this Court. Catchwords: APPEALS – leave to appeal – interlocutory judgment – application to appoint administrator pendente lite –executor granted probate in common form – application to prevent executor recovering costs from estate – application to recoup costs already paid – whether executor protecting personal interests – whether executor obliged to seek judicial advice - principles governing leave to appeal from interlocutory procedural orders – applicant was not joined by parties with prior interests Legislation Cited: Civil Procedure Act 2005 (NSW), s 56(1) Probate and Administration Act 1898 (NSW), ss 63, 73 Supreme Court Act 1970 (NSW), s 101(2) Trustee Act 1925 (NSW), s 63 Cases Cited: Cheng v Motor Yacht Sales Australia Pty Ltd t/as the Boutique Boat Company (2022) 108 NSWLR 342; [2022] NSWCA 118 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Drummond v Drummond [1999] NSWSC 923 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66; [2008] HCA 42 O'Brien v McCormick [2005] NSWSC 619 Ritossa v Ritossa [2023] NSWCA 14 Category: Principal judgment Parties: Judit Albecz (Applicant) Yonah Bloom (Respondent) Representation: Counsel: B Oliak (Applicant) L Ellison SC / P Muscat (Respondent)