The Estate of William Walter Carpenter, late of Elong Elong [2010] NSWSC 1057

New South Wales Supreme Court

CITATION : The Estate of William Walter Carpenter, late of Elong Elong [2010] NSWSC 1057

HEARING DATE(S) : 10 September 2010

JUDGMENT DATE : 13 September 2010

JUDGMENT OF : Slattery J at 1

The Court orders: 1. Grant leave to the plaintiff to issue a subpoena to Don Richmond Pty Limited returnable before the Registrar in probate. DECISION : 2. Further grant leave to the plaintiff to issue a subpoena to any industry or other superannuation fund identified by Don Richmond Pty Limited in relation to the deceased. 3. Before exercising the leave granted in paragraphs 1 and 2, the plaintiff should attempt to ascertain from Cosgriff Orchard whether such information is already available. 4. Order that the matter be re-listed before the Registrar in probate at a date to be fixed with a view to taking one or more of the courses outlined. 5. Direct the plaintiff to send a copy of this judgment by registered post to each of the defendants at their last known addresses.

CATCHWORDS : EXECUTORS AND TRUSTEES - very small estate - beneficiary seeks orders for passing accounts and completion of estate administration - estate may be insolvent - need to determine solvency to decide whether or not proceedings are futile - Civil Procedure Act, s 56 used to allow the issue of a subpoena for information as to solvency of the estate.

LEGISLATION CITED : Civil Procedure Act 2006, s 56

CATEGORY : Procedural and other rulings

Plaintiff- William Walter Carpenter PARTIES : First Defendant- Brenda Lee Carpenter Second Defendant- Bill Lee Fiskilis

FILE NUMBER(S) : SC 2008/304609