Ludwig v The Public Trustee [2006] NSWSC 890

Reported Decision : 170 A Crim R 460

New South Wales Supreme Court

CITATION : Ludwig v The Public Trustee [2006] NSWSC 890

HEARING DATE(S) : 31/7/06, 1/8/06-4/8/06

JUDGMENT DATE : 17 October 2006

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Judgment for plaintiff for $450

CATCHWORDS : SUCCESSION – EXECUTORS AND ADMINISTRATORS – power to compromise litigation – SUCCESSION – EXECUTORS AND ADMINISTRATORS – administration – partial distribution – when justified – SUCCESSION – EXECUTORS AND ADMINISTRATORS – whether obliged to obtain a release from administration duties – SUCCESSION – EXECUTORS AND ADMINISTRATORS – notice barring claims under section 93 Wills Probate and Administration Act 1898 – claims to which such a notice can apply – principles for construing such a notice – power of Public Trustee to bar claims under section 34B Public Trustee Act without application to court – POLICE – rights powers and duties – power to retain evidence relating to a criminal trial or appeal – circumstances in which power arises – time for which evidence may be retained – STATUTES – ACTS OF PARLIAMENT – interpretation taking account of practical effects of a statute – STATUTES – particular statutes – Victims Rights Act 1966 – no effect in litigation for a civil cause of action

Administration and Probate Act 1911 (Vic) Constitution of the Commonwealth of Australia Family Provision Act 1982 Law Enforcement (Powers and Responsibilities) Act 2002 Lord St Leonard's Act (Law of Property and Trustees Relief Amendment Act 1859 UK (22 & 23 Vict c 35)) LEGISLATION CITED : Probate Act of 1890 Amendment Act 1893 Public Trustee Act 1913 Trustee Act 1925 Victims Rights Act 1996 Wills Probate and Administration Act 1898 Wills Probate and Administration (Amendment) Act 1977