NSW Caselaw
New South Wales Supreme Court
CITATION : AB v CB & Ors [2009] NSWSC 680
HEARING DATE(S) : 20 July 2009
JUDGMENT DATE : 20 July 2009
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 20 July 2009
DECISION : Leave granted and will approved.
CATCHWORDS : SUCCESSION – STATUTORY WILL – REPRESENTATION ORDER – PROCEDURE – whether uncontested application may be heard in absence of public and orders made without publishing reasons – whether separate representation order should be made – whether leave to make application should be granted and final orders made at same time. - APPROVAL – PRE-EMPTED CAPACITY CASE – whether will excluding father reasonably likely in circumstances of case.
- Civil Procedure Act 2005 (NSW) – s 71 - Guardianship Act 1987 (NSW) LEGISLATION CITED : - NSW Trustee and Guardian Act 2009 – s 41 - Protected Estates Act 1983 (NSW) – s 13 - Succession Act 2006 (NSW) – Chapter 2, Pt 2.2 Div 2, s 18, s 19, s 23, s 25
CATEGORY : Principal judgment
- C (a minor) (Wardship: Medical Treatment) (No 2), Re [1990] Fam 39 - Cattanach v Melchior (2003) 199 ALR 131 CASES CITED : - Fenwick, Re [2009] NSWSC 530 - Finlay v Finlay 148 NE 624 (NY, 1925) - Scott v Scott [1913] AC 417
AB – Plaintiff PARTIES : CB – First Defendant SB – Second Defendant FB – Third Defendant
FILE NUMBER(S) : SC 1515/09
COUNSEL : J.A.D. Needham SC (Plaintiff) J.N. Glass (Sol) (Trust Company Limited, Tutor for First Defendant)
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