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. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.