Sergei Ivanovski v Walter Perdacher [2009] NSWSC 913

New South Wales Supreme Court

CITATION : Sergei Ivanovski v Walter Perdacher [2009] NSWSC 913

HEARING DATE(S) : 1 September 2009

JUDGMENT DATE : 4 September 2009

JUDGMENT OF : Hammerschlag J

DECISION : Keith Stevens McConnell be appointed as the representative of the first defendant's estate. Title to the proceedings be amended so as to reflect the first defendant as Keith Stevens McConnell as representative of the estate of Walter Perdacher, deceased. Proceedings stood over for further consideration.

CATCHWORDS : PRACTICE AND PROCEDURE – Proceedings brought against two defendants and one of them, against whom money judgment is sought, dies before the proceedings are heard - Uniform Civil Procedure Rules 2005 r 7.10 – before hearing order made that the proceedings continue in the absence of a representative of the deceased person's estate and hearing takes place in such absence – after hearing but before judgment plaintiffs seek appointment of a representative because money judgment sought against the deceased estate – other defendant seeks dismissal of the proceedings

Uniform Civil Procedure Rules 2005 LEGISLATION CITED : Property Law Act 1974 (Qld) Trade Practices Act 1974 (Cth) Civil Procedure Act 2005 (NSW)

CATEGORY : Procedural and other rulings

Duke v Davis [1893] 2 QB 260 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 CASES CITED : Colquhoun v Graffione (Administrator) in the matter of Colquhoun [2000] FCA 325 Joint Stock Discount Company v Brown (1869) LR 8 Eq 381 Colliss v Hector (1875) LR 19 Eq 334 Vukic v Luca Grbin & Ors [2006] NSWSC 41