NSW Caselaw
New South Wales Court of Appeal
CITATION: Caldar and Estate Late Gittoes v Public Trustee [2005] NSWCA 3
HEARING DATE(S): Wednesday 19 January 2005
JUDGMENT DATE: 19 January 2005
JUDGMENT OF: Tobias JA at 1
DECISION: Notice of Motion dismissed with costs
CATCHWORDS: PROCEDURE - Application for stay of execution of writ of possession - Circumstances in which Court will exercise discretion in favour of granting a stay - Whether appeal would be rendered nugatory if stay not granted - Whether claimaint has arguable case on appeal - WILLS PROBATE AND ADMINISTRATION - Administration of will by Public Trustee - Sale of property required to cover debts of estate - Writ of possession obtained by Public Trustee - Claimant claiming property in specie - Claimaint had lived in and maintained property
Wills Probate Administration Act 1898 LEGISLATION CITED: Trustee Act 1925 Wills Probate Administration Act
Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 CASES CITED: Caldar v Public Trustee & Ors [2003] NSWCA 187
Russell Caldar PARTIES: The Estate of the Late Mrs Rachel Isobell Gittoes Public Trustee of New South Wales
FILE NUMBER(S): CA 41204/04
Cl: In person SOLICITORS: Opp: L Ellison / J Patey
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 13973/04
LOWER COURT JUDICIAL OFFICER: Hidden J
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41204/04 SC 13973/04
TOBIAS JA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate