KING v FOSTER [1995] NSWCA 241

KING v FOSTER

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 10 July 1995

[1995] NSWCA 241

Sheller JA. This is an application by the appellant for an order that the hearing of her appeal from a decision of Brownie J of 22 May 1995 be expedited and a further order that the execution of the order made by His Honour be stayed pending determination of the appeal. The parties have agreed to orders which would allow for a stay of execution and for expedition of the hearing of the appeal.

The claimant is the widow of the deceased, the sole beneficiary of his estate and totally dependent upon interest earned upon an amount of $250,000, the proceeds of the estate. She also resides in a house which was part of the estate.

Iam informed that the need of the opponent/respondent to the appeal was one largely directed to a capital sum for her future security. The opponent is aged 42. The widow is now aged 59. I am also informed that the appeal would nottake longer than two hours. I am satisfied that in the circumstances of the case the appeal is one which should be expedited category 'C'.

Accordingly I make orders 1, 2 and 3 in the short minutes signed by counsel for the parties, dated 10 July 1995, which I initial and place with the papers. I note the agreement set out in para 4 of the short minutes.

Orders accordingly.