Grant v Binetter [2010] NSWSC 278

New South Wales Supreme Court

CITATION : Grant v Binetter [2010] NSWSC 278

HEARING DATE(S) : 8, 12, 18 March 2010

JUDGMENT DATE : 18 March 2010

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

In proceedings 2007/258301: 1. The Summons filed on 19 December 2007 is dismissed. 2. No order as to the costs (to the intent that each party bear their own costs). In proceedings 2007/273194: 1. The proceedings are dismissed. 2. The defendant's costs (i.e. the costs of Robert Grant), calculated on the indemnity basis, are to be paid out of the residue of the estate of George Grant. 3. No order as to the plaintiffs' costs of the proceedings, to the intent that they pay their own costs. In proceedings 2007/282381: 1. Probate, in solemn form, of the will of the deceased, Agnes Grant, made on 16 January 2002, is granted to the second defendant. 2. The matter is referred to the Registrar to complete the grant. 3. The plaintiffs' costs of the proceedings, calculated on the indemnity basis, is to be paid out of the residue of the estate of George Grant. 4. No order as to the second defendant's costs. 5. No order as to the first defendants' costs of the proceedings, to the intent that they pay their own costs. 6. The Notice of Motion filed on 4 December 2009 on behalf of the interim administrator is dismissed. 7. Declaration that each of the Transfers signed by George Grant and by Agnes Grant, and referred to in the proceedings (Docs 47, 48 and 49 in Exhibit A1), is void and of no effect. 8. Note the Orders made in the proceedings numbered 2007/273194 filed on behalf of the first defendants. 9. Note the Orders made and the agreements noted in the proceedings numbered 2007/258301 filed on behalf of the first defendant, Yvette Catherine Binetter. In proceedings 2007/282382: DECISION : 1. Probate, in solemn form, of the will of the deceased, George Grant, made on 30 January 2002, is granted to the second defendant. 2. The matter is referred to the Registrar to complete the grant. 3. The Cross-Claim filed by the first defendants is dismissed. 4. The plaintiffs' costs of the proceedings, calculated on the indemnity basis, is to be paid out of the residue of the deceased's estate. 5. The second defendant's costs, assessed and agreed at $23,922.46, is to be paid out of the residue of the deceased's estate. 6. The Notice of Motion filed on 4 December 2009 on behalf of the interim administrator is dismissed. 7. Declaration that each of the Transfers signed by George Grant and by Agnes Grant on 23 June 2003, and referred to in the proceedings (Docs 47, 48 and 49 in Exhibit A1), is void and of no effect. 8. No order as to the first defendants' costs of the proceedings, to the intent that they pay their own costs. 9. Note the Orders made, and the agreements noted, in the proceedings numbered 2008/279864, filed on behalf of the first defendant, Yvette Catherine Binetter, pursuant to which she is to receive a lump sum out of the estate of the deceased of $1,875,000 inclusive of her costs. In proceedings 2008/279864: 1. Robert Grant is appointed to represent the estate of George Grant for the purpose of the proceedings. 2. In lieu of the provision made for the plaintiff in the will of the deceased, the plaintiff is to receive a lump sum in the sum of $1,875,000 (one million eight hundred and seventy five thousand dollars). 3. Interest as for the unpaid legacies under the Probate and Administration Act 1898 is to run on so much of the provision herein as remains unpaid from 3 calendar months from the date of the making of these orders, such interest to be calculated on and from 3 calendar months from the date of the making of these orders. 4. The defendant's costs on an indemnity basis are to be paid out of the estate of the deceased. 5. Note that the plaintiff is to bear her own costs of the proceedings. 6. Note the release by the plaintiff under section 31 of the Family Provision Act 1982, of her rights to bring a further claim against the estate of the deceased and the estate of Agnes Grant. 7. The release of rights by the plaintiff as noted in paragraph 6 is approved pursuant to section 31 of the Family Provision Act 1982. 8. Further compliance by the parties with Supreme Court Rule Schedule J is dispensed with. 9. Note the agreement between the parties made on 19 March 2010.