Gatt v Vella [2024] NSWSC 1009

Supreme Court New South Wales

Medium Neutral Citation: Gatt v Vella [2024] NSWSC 1009 Hearing dates: On the papers Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Equity Before: Slattery J Decision: Application dismissed for the passing and filing of accounts under Probate and Administration Act 1898 s 85. Orders made but temporarily stayed subject to hearing further submissions as to the form of final orders, (1) for the defendant to provide, at the plaintiffs' expense, to the plaintiffs copies for inspection by the plaintiffs of the accounts of the estate kept by the defendant in the ordinary course of her duty as executrix of the said estate, and (2) for the plaintiffs to pay the defendant's costs of the present application on the indemnity basis. Catchwords: SUCCESSION - Administration of estates – plaintiffs sought orders for an executrix of an estate to file and pass accounts under Probate and Administration Act 1898, s 85 after the estate had been fully administered – lengthy unproductive correspondence between the plaintiffs and the executrix of the estate about access to estate accounts and documents - discretion as whether to grant relief and, if so, how and when accounts should be filed - consideration of factors relevant to exercise of discretion – whether alternative relief should be granted. Legislation Cited: Probate and Administration Act 1898, ss 85 and 85(1AA)(e) Supreme Court Rules 1970, r 85(2) Cases Cited: DJ Singh v DH Singh & Ors [2017] NSWCA 234 Green & Ors v Wilden Pty Ltd [2005] WASC 83 Hancock v Reinhardt (Trust documents) [2018] NSWSC 1684 Hons v Hons [2010] NSWSC 247 Kemp v Burn (1863) 4 Giff 348; 66 ER 740 Manning v Commissioner of Taxation (1928) 40 CLR 506 Palmer v Ayres (2017) 259 CLR 478 Re Bosworth; Martin v Lamb (1889) 58 LJ (Ch) 432 Re Fairbairn [1967] VR 633 Re Otto Ruthenburg [1993] QSC 353 Re Simersall (1992) 25 FCR 584 Wang v Cai [2021] NSWSC 1162 Waterhouse v Waterhouse (1998) 46 NSWLR 449 Texts Cited: Evans, Power and Power, Equity and Trusts, LexisNexis, Australia, fifth edition 2024 Category: Consequential orders Parties: First Plaintiff: Joe Gatt Second Plaintiff: Phillip Gatt Defendant: Vicki Josephine Vella Representation: Counsel: Plaintiffs: S. P. Brennan Defendant: J. Michos (solicitor)