Samuel Grech v Jack Edward Walsh; Richard John Leonard v Jack Edward Walsh; John Wallace Leonard v Jack Edward Walsh [2007] NSWSC 302

New South Wales Supreme Court

CITATION : Samuel Grech v Jack Edward Walsh; Richard John Leonard v Jack Edward Walsh; John Wallace Leonard v Jack Edward Walsh [2007] NSWSC 302

29, 30, 31 May, HEARING DATE(S) : 1, 2 June, 3,4,5,6 October, 20, 21 November 2006

JUDGMENT DATE : 4 April 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 5743 of 2004 Samuel Grech –v- Jack Edward Walsh; 1. I order that the proceedings be dismissed ; 2. I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis; 3. I order that the Defendant be entitled to recoup from the estate of the late Jeanette Irene Walsh ("the Deceased") the difference between the Defendant's costs on the indemnity basis and the costs which the Defendant may recover from the Plaintiff pursuant to order 2 hereof; 4. The exhibits may be returned; 5776 of 2004 Richard John Leonard –v- Jack Edward Walsh ; 1 I order that the time for the institution of these proceedings be extended up to and including 25 October 2004; 2 I order that the Plaintiff receive from the estate of the late Jeanette Irene Walsh ("the Deceased") a legacy in the sum of $40,000, such legacy not to bear interest if paid on or before 4 May 2007, and if not so paid, to bear interest at the rates prescribed for unpaid legacies pursuant to the Wills, Probate and Administration Act 1898; 3 I order that the costs of the Plaintiff on the party and party basis, and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased; 4 The exhibits may be returned ; 3211 of 2005 John Wallace Leonard –v- Jack Edward Walsh; 1 I order that the time for the institution of these proceedings be extended up to and including 30 May 2005; 2 I order that the Plaintiff receive from the estate of the late Jeanette Irene Walsh ("the Deceased") a legacy in the sum of $54,000, such legacy not to bear interest if paid on or before 4 May 2007, and if not so paid, to bear interest at the rates prescribed for unpaid legacies pursuant to the Wills, Probate and Administration Act 1898; 3 I order that the costs of the Plaintiff on the party and party basis, and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased ; 4 The exhibits may be returned