NSW Caselaw
New South Wales Supreme Court
CITATION : Rada v Public Trustee Re Estate of Lansky [2005] NSWSC 1370
HEARING DATE(S) : 31 October 2005
JUDGMENT DATE : 31 October 2005
Equity Division JURISDICTION : Probate List
JUDGMENT OF : Windeyer J at 1
DECISION : Remuneration and cost of administrator pendente lite be paid out of the estate
CATCHWORDS : WILL PROBATE AND ADMINISTRATION - remuneration and costs of special administrator - whether costs of appointment of administrator pendente ite be paid by the unsuccessful party - remuneration and costs to be paid out of the estate
LEGISLATION CITED : Wills Probate and Administration Act 1898 s73
Fisher v Fisher (1878) 4 PD 271 Foord v Brock [2005] NSWCA 156 Graham v Kaler (unreported Young J, 17 July 1991) CASES CITED : Howlett v Howlett [1950] P 177 Re Carol Ryman v Public Trustee (unreported Holland J, 12 November 1979) Re Levy [1953] VLR 652
Alena Rada (First Plaintiff) Peter Wills (Second Plaintiff) PARTIES : The Public Trustee (First Defendant) Viera Scheibner (Second Defendant) Michael O'Dowd (Third Defendant)
FILE NUMBER(S) : SC 118101/03
Mr S Benson (Plaintiffs) G N McGrath (First Defendant) COUNSEL : In person (Second Defendant) No appearance (Third Defendant)
Gells Lawyers (Plaintiffs) The Public Trustee (First Defendant) SOLICITORS : In person (Second Defendant) No appearance (Third Defendant)
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