NSW Caselaw
New South Wales Supreme Court
CITATION : Mangraviti v Donato [2009] NSWSC 1258
HEARING DATE(S) : 2 - 4 November 2009
JUDGMENT DATE : 5 November 2009
JURISDICTION : Equity Division
JUDGMENT OF : Rein J
EX TEMPORE JUDGMENT DATE : 5 November 2009
DECISION : Judgment for the defendants on the statement of claim. Plaintiff to pay the defendants' costs on a party/party basis, and to the extent the defendants' costs are not satisfied by that order, the defendants are to have costs paid out of the estate on an indemnity basis.
CATCHWORDS : SUCCESSION – executors and administrators – rights, powers and duties – obligation of executors to investigate what amount of a loan, if any, remained owing to the testator on his death – insufficient evidence to ascertain what amount of loan was unpaid – obligation of executors to charge rent before sale of property - PROCEDURE – costs – costs on an indemnity basis not appropriate
LEGISLATION CITED : Family Provisions Act 1982
CATEGORY : Principal judgment
Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Chen v Karandonis [2002] NSWCA 412 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 CASES CITED : Howling v Kristofferson (Supreme Court of New South Wales, Cohen J, 14 October 1992, unreported) Jones v Dunkel (1959) 101 CLR 298 Manly Council v Byrne and Anor [2004] NSWCA 123 Mulray v Ogilvie (1987) 9 NSWLR 1 Plunkett v Bull (1915) 19 CLR 544
Concettina Mangraviti (Plaintiff) PARTIES : Giovanni Michele Donato (First Defendant) Dominic Donato (Second Defendant)
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