Hawkins v Barkley-Brown & Anor [No 2] [2010] NSWSC 395

New South Wales Supreme Court

CITATION : Hawkins v Barkley-Brown & Anor [No 2] [2010] NSWSC 395

HEARING DATE(S) : 8 April 2010

JUDGMENT DATE : 4 May 2010

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

1. Order that the orders made by registrar Haggett on 15 April 2009 be and are hereby confirmed, namely, a. The first accounts of John Hawkins and Vicki Barkley-Brown, the Executors of the Will of Rhoda Brenda Farrell covering the period 17th December 2005 to 1 August 2007 be passed. b. The Executor John Hawkins be allowed Commission at the rate of:- -1% on the sum of $5,028,463 representing capital realisations -2% on the sum $445,101 representing income collected and - 0.5% on the sum $485,000 representing assets transferred in specie DECISION : c. The Costs of and incidental to the filing and passing of the said accounts and of the application before the registrar be assessed at the sum of $3,250 plus fees 2. Order that interest accrue on the sum of $64,861.65 (representing the sum of $61,611.65 for commission and $3,250.00 for costs as allowed by registrar Haggett) at the rates prescribed on judgments pursuant to s 101 Civil Procedure Act 2005 computed on and from 15 April 2009 to the date of payment and calculated on daily rests. 3. Order that any interest payable pursuant to order 2 be paid out of the Estate of Rhoda Brenda Farrell ('the deceased"). 4. Order that the notice of motion filed 13 May 2009 be and is hereby dismissed. 5. Order that the applicant Vicki Barkley-Brown pay the costs of the respondent John Hawkins of the said notice of motion on the party/party basis and further that the respondent otherwise be indemnified in respect of her costs of the said notice of motion out of the Estate of Rhoda Brenda Farrell. 6. Order that without prejudice to any other rights that the respondent may have to recover the costs payable pursuant to order 5 he may deduct those costs as agreed or assessed from the applicant's interest in the deceased's estate. 7. Order that the applicant do all things and execute all documents necessary or convenient to enable the respondent to give effect to order 6 and the orders for payment to the respondent of commission out of the deceased's estate. 8. Liberty is granted to either party to restore the matter on 3 days notice for further orders or directions for the implementation or working out of these orders.