NSW Caselaw
New South Wales Supreme Court
CITATION : Johnson v Trotter; Estate of Trotter [2006] NSWSC 67
HEARING DATE(S) : 06/02/06, 07/02/06, 08/02/06
JUDGMENT DATE : 9 February 2006
JURISDICTION : Equity Division
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 02/09/2006
DECISION : Direct the plaintiff to bring in short minutes of order in accordance with these reasons.
CATCHWORDS : WILLS, PROBATE AND ADMINISTRATION - Son and daughter of deceased named co-executors and beneficiaries under deceased's will – Son took possession of house of deceased – Status of son as both beneficial co-owner and executor – Whether son, as co-executor, liable to account for profit arising from occupation of house - WILLS, PROBATE AND ADMINISTRATION – Obligation of son to swear affidavit describing dealings with personal papers of deceased - WILLS, PROBATE AND ADMINISTRATION – Division between beneficiaries of personal chattels of decease.
Supreme Court Rules 1970 (NSW) LEGISLATION CITED : Trustee Act 1925 (NSW) Conveyancing Act 1919 (NSW)
Forgeard v Shanahan, (1994) 35 NSWLR 206 Nelson v Brown (1999) NSWC 383 CASES CITED : Harrison Jones and Devlin Limited v Union Bank of Australia (1910) 11 CLR 492 Exception Holdings Pty Ltd (in liq) v Albarran & Ors [2005] NSWSC 677 Brown v Brown (1993) 31 NSWLR 582 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622
Pamela Anne Johnson PARTIES : v Peter Glenn Trotter; estate of the late Lucy Mary Trotter
FILE NUMBER(S) : SC 4570/03
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