Everett v King [2010] NSWDC 51

New South Wales District Court

CITATION: Everett v King [2010] NSWDC 51

HEARING DATE(S): 22 January 2010

JUDGMENT DATE: 5 February 2010

JURISDICTION: Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ

1. Leave to the plaintiffs to amend the Summonses to describe the defendants as "Peter James King and Jennifer Jane King as Executors of the Estate of the Late Garry Charles King" 2. Leave to the plaintiffs to correspondingly amend their proposed Statements of Claim annexed to their Summonses DECISION: 3. Dismiss the motions filed on behalf of Peter James King and Jennifer Jane King as Executors of the Estate of the Late Garry Charles King 4. The defendants, now described as Peter James King and Jennifer Jane King as Executors of the Estate of the Late Garry Charles King, are to pay the plaintiffs' costs of the motions 5. Leave to the parties to apply for some other costs order or orders provided any such application is notified to the other party and the court within 14 days, in writing, specifying the order sought

CATCHWORDS: PRACTICE & PROCEDURE - application to amend to correct the description of the defendant

Civil Procedure Act 2005 LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1944 Limitation Act 1969 Probate and Administration Act 1898

A & M Short Pty Ltd v Prestige Residential Marketing Pty Limited [2005] NSWSC 872 CASES CITED: Greenwood v Papademetri [2007] NSWCA 221 Marshall v D G Sundin & Co Pty Ltd (1989) 16 NSWLR 463

Nicole Kerryn Everett (First Plaintiff) PARTIES: Liza Catherine Tinker (Second Plaintiff The Estate of the late Garry King (Defendant) Jennifer King and Peter King (Executors of the estate of the late Garry King)