LONGSTAFF v ELLIOTT [1999] NSWCA 384

New South Wales Court of Appeal CITATION : LONGSTAFF v ELLIOTT [1999] NSWCA 384 FILE NUMBER(S) : CA 40220/99 HEARING DATE(S) : 14 October 1999 JUDGMENT DATE : 14 October 1999

PARTIES : CLIVE HENDRY LONGSTAFF v MURIEL BETTY ELLIOTT JUDGMENT OF : Handley JA; Beazley JA; Fitzgerald JA

LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT FILE NUMBER(S) : 4356/96 LOWER COURT JUDICIAL OFFICER : Master McLaughlin

COUNSEL : I G Harrison SC (Appellant) J Wilson (Respondent) SOLICITORS : Teece Hodgson & Ward (Appellant) Gordon Garling Moffitt (Respondent) CATCHWORDS : DECISION : Appeal dismissed - orders given

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40220/99 EQ 4356/96 HANDLEY JA BEAZLEY JA FITZGERALD JA

Thursday 14 October 1999

CLIVE HENDRY LONGSTAFF v MURIEL BETTY ELLIOTT

JUDGMENT

1 HANDLEY JA: The Court is of the view that this is a very clear case and that the appeal should be dismissed for the reasons given by the Master. 2 The appellant must pay the respondent's costs of this appeal. This is not and is not intended to be an order that he is entitled as executor to reimbursement for his own costs or the respondent's costs out of the estate.

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