In the Estate of the Late Fiona Ellen Fitter & The Forfeiture Act 1995; Public Trustee of New South Wales v Fitter & (3) Ors [2005] NSWSC 1188

New South Wales Supreme Court

CITATION : In the Estate of the Late Fiona Ellen Fitter & The Forfeiture Act 1995; Public Trustee of New South Wales v Fitter & (3) Ors [2005] NSWSC 1188

HEARING DATE(S) : 9/11/2005; 10/11/2005 and 11/11/2005

JUDGMENT DATE : 24 November 2005

JURISDICTION : EQUITY DIVISION

JUDGMENT OF : Lloyd AJ

DECISION : 1. The time by which the cross-claim by the Fourth Defendant is to be filed is extended to 9 November 2005. 2. An Order that pursuant to s 11 of the Forfeiture Act 1995 the forfeiture rule shall apply with respect to the First, Second and Third Defendants as if the First, Second and Third Defendants had been found guilty of the murder of Fiona Ellen Fitter. 3. An Order that the First Defendant hold a one-half interest in the net proceeds of sale of Folio Identifier 235/214758 and known as No. 48 Grand Parade, Glossodia on trust for the Plaintiff as administrator of the estate of the deceased. 4. An Order that the First, Second and Third Defendants hold on trust for the Plaintiff as administrator of the estate of the deceased such benefits as they may receive under the deceased's superannuation policy with ING Life Limited (Member No. 36010244). 5. A Declaration that the Plaintiff will be justified in distributing the whole of the deceased's estate and such moneys as are received pursuant to Orders 3 and 4 herein to the Fourth Defendant. 6. An Order that there be paid out to the Plaintiff from the funds held by the Supreme Court of New South Wales the one-half share of the proceeds of sale of the realty (together with interest thereon) as declared in Order 3 herein. 7 An Order that there be paid out to the First Defendant the other one-half of the proceeds of sale of the realty (together with interest thereon) as noted in proceedings No. 4935 of 2002. 8. An Order that the Plaintiff's costs on the indemnity basis of these proceedings and of obtaining letters of administration in respect of the estate of the deceased be paid out of the estate of the deceased and the moneys received by the Plaintiff pursuant to Orders 3 and 4 herein. 9. An Order that the costs of the Fourth Defendant/Cross Claimant be paid on an indemnity basis out of the estate of the deceased and the moneys received pursuant to Orders 3 and 4 herein. 10. Liberty to apply with regard to the collection and payment of the assets referred to in Orders 3 and 4 herein.