Ludwig v The Public Trustee [2008] NSWCA 115

New South Wales Court of Appeal

CITATION: Ludwig v The Public Trustee [2008] NSWCA 115

HEARING DATE(S): 17 April 2008

JUDGMENT DATE: 20 June 2008

JUDGMENT OF: Giles JA at 1; Young CJ in Eq at 102; Mathews AJA at 103

DECISION: Appeal dismissed with costs, orders taking effect 21 days after this date and judgment being taken to then to have been pronounced.

CATCHWORDS: Negligence - claim by beneficiary of negligence in administration of deceased estate - many allegations of negligence - trial judge not satisfied of negligence - numerous allegations of error in trial judge's determination - no error shown in trial judge's conclusions - no procedural unfairness, bias or other judicial misconduct - appeal failed.

CATEGORY: Principal judgment

Cachia v Haines (1994) 179 CLR 403; CASES CITED: Hanna v Registrar of the Court of Appeal [2006] NSWSC 564; Sarihaya v Victorian Workcover Authority [1997] FCA 132, (1997) 80 FCR 262.

PARTIES: Gunter Ludwig - Appellant The Public Trustee - Respondent

FILE NUMBER(S): CA 40722/06

COUNSEL: Appellant in person M Meek & D Laftsidis - Respondent

SOLICITORS: Gordon A Salier - Respondent

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): SC 2964/05

LOWER COURT JUDICIAL OFFICER: Campbell J

LOWER COURT DATE OF DECISION: 17 October 2006, 31 October 2006

LOWER COURT MEDIUM NEUTRAL CITATION: Ludwig v The Public Trustee [2006] NSWSC 890 (Principal judgment - 17 October 2006); Ludwig v The Public Trustee (Campbell J, 31 October 2006, unreported) (costs judgment)

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40722/06 ED 2964/05