Re Estate of Ronald Spencer Cornford; Cornford v Metcalfe [2005] NSWSC 530

New South Wales Supreme Court

CITATION : Re Estate of Ronald Spencer Cornford; Cornford v Metcalfe [2005] NSWSC 530

HEARING DATE(S) : 30 May 2005

JUDGMENT DATE : 30 May 2005

Equity JURISDICTION : Probate List

JUDGMENT OF : Campbell J

DECISION : Leave to withdraw admission not needed once amended pleading filed. Pleading not embarrassing. Facts on basis of which extension of time is sought should be pleaded.

CATCHWORDS : PROCEDURE - Supreme Court procedure - pleading amended by leave in a way which withdraws an admission previously made - whether any leave needed subsequently to withdraw that admission - whether raising matters which had been conceded for years makes a pleading embarrassing - need for pleading of matters relied upon when seeking order for extension of time to make application under section 29A Wills, Probate and Administration Act 1898 for rectification of a will - SUCCESSION - WILLS PROBATE AND ADMINISTRATION - rectification of will - need to plead basis on which extension of time for making application for rectification is sought

Supreme Court Act 1970 LEGISLATION CITED : Supreme Court Rules 1970 Wills, Probate and Administration Act 1898

CASES CITED : Coopers Brewery Limited v Panfida Foods Limited (1992) 26 NSWLR 738

Ian Spencer Cornford - Plaintiff PARTIES : Dennis Lambourne & Anna Melissa Metcalfe - First Defendants Rhonda Valerie Metcalfe - Second Defendant

FILE NUMBER(S) : SC 119706/01

C J Bevan - Plaintiff COUNSEL : J E Armfield - Defendants

John Carmody & Co - Plaintiff SOLICITORS : Terence Stern - Defendants