NSW Caselaw
New South Wales Supreme Court
CITATION : Application of Ferdinando Scali [2010] NSWSC 1254
HEARING DATE(S) : 6 October 2010 JURISDICTION : Equity Division Duty Judge List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 6 October 2010
DECISION : The plaintiffs in their capacity as executors of the will of Ronald Francis Hoolahan deceased would be justified in continuing to defend proceedings 09/290797 in this Division of the Court.
CATCHWORDS : EQUITY – Trusts and trustees – Applications to court for advice and authority – Petition or summons for advice – whether executors should settle or defend Family Provision proceedings where claimant and most but not all beneficiaries agreed on very generous settlement
LEGISLATION CITED : (NSW) Family Provision Act 1982 (NSW) Trustee Act 1925 s 63
CATEGORY : Separate question
Application of Richard Albarran; Harb v Harb [2010] NSWSC 1251 McMahon v McMahon [1985] NSWSC (Unreported, Young J, 2 August 1985) Re Brockbank [1948] Ch 206 CASES CITED : Re Fulop (1987) 8 NSWLR 679 Stephenson v Barclays Bank Trust Co Ltd (1975) 1 WLR 882 Szlazko v Travini [2004] NSWSC 610 Vasiljev v Public Trustee [1974] 2 NSWLR 497
TEXTS CITED : Anthony Dickey, Family Provision After Death (1992) Law Book Co
PARTIES : Ferdinando Scali (first plaintiff/applicant) Rocco Vincenzo Scali (second plaintiff/applicant)
FILE NUMBER(S) : SC 10/323771
COUNSEL : M Bradford (plaintiffs/applicants) Ms L Bedson (sol) (plaintiffs in 09/290797)
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