Trustee for the Salvation Army (NSW) Property Trust & Anor v Becker & Anor (No 2) [2007] NSWCA 194

New South Wales Court of Appeal

CITATION: Trustee for the Salvation Army (NSW) Property Trust & Anor v Becker & Anor (No 2) [2007] NSWCA 194 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): On written submissions

JUDGMENT DATE: 10 August 2007

JUDGMENT OF: Mason P at 1; Ipp JA at 2; McColl JA at 31

DECISION: (a) The appellants pay the first respondent's costs of the appeal on a party/party basis up to and including 9 November 2006 and on an indemnity basis thereafter (b) To the extent that the appellants' costs are not wholly reimbursed by order (a), the first respondent's costs on an indemnity basis be paid out of the estate of the deceased.

Trustee for the Salvation Army (NSW) Property Trust trading as the Salvation Army (First Appellant) PARTIES: The Australian Council of the Royal Flying Doctors Service of Australia (Second Appellant) Reginald Alfred Becker (First Respondent) Public Trustee of New South Wales (Second Respondent)

FILE NUMBER(S): CA 40538/06

COUNSEL: D E Grieve QC/C J Bevan/E Young (Appellants) L J Ellison SC/J Wilcher (Respondents)

Mallesons Stephen Jaques (Appellants) SOLICITORS: Tress Cox Lawyers (First Respondent) Public Trustee of New South Wales (Second Respondent)

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): 3332/03

LOWER COURT JUDICIAL OFFICER: Nicholas J

LOWER COURT DATE OF DECISION: 25 July 2006 2 November 2006

LOWER COURT MEDIUM NEUTRAL CITATION: Reginald Alfred Becker v Public Trustee of New South Wales & 2 Ors [2006] NSWSC 743 Reginald Alfred Becker v Public Trustee of New South Wales & 2 Ors [2006] NSWSC 1146