Ramsay v Schiller [2012] NSWSC 596

Supreme Court New South Wales

Medium Neutral Citation: Ramsay v Schiller [2012] NSWSC 596 Hearing dates: 1 June 2012 Decision date: 01 June 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: Order that the Defendants' notice of motion filed on 2 March 2012 is dismissed. Order, by consent, that the costs of the Defendants' notice of motion filed on 2 March 2012 be the Plaintiffs' costs in the cause. Directions as to further conduct of the proceedings made by consent. Catchwords: The sole issue is whether the court should determine a separate question - Defendants seek an order that the question whether property could form part of the notional estate of the deceased, should be tried separately - Plaintiffs oppose the Defendant's application "as presently framed" - Parties attend court with agreed question Legislation Cited: Civil Procedure Act 2005 Family Law Act 1975 (Cth) Succession Act 2006 Uniform Civil Procedure Rules Cases Cited: AWB Ltd v Cole (No 2) (2006) 233 ALR 453 Commonwealth Bank of Australia v Clune [2008] NSWSC 1125 Downey v Acting District Court Judge Boulton (No 4) [2010] NSWCA 114 Flinn v Fearne [1999] NSWSC 1041 Highlands Pacific Ltd v Orogen Minerals Ltd [2002] FCA 1104 Hill v Hill (NSWSC, 13 March 1997 (then written submissions), 19 May 1997, unreported) Idoport Pty ltd v National Australia Bank Ltd [2000] NSWSC 1215 Integral Home Loans Pty Ltd v Interstar Wholesale Finance Pty Ltd [2006] NSWSC 1464 Johnson v Trustees of the Roman Catholic Church [2009] NSWSC 309 O'Sullivan v Challenger Managed Investments Ltd [2008] NSWSC 602 Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Ltd (No 2) [2012] NSWSC 322 Perre v Apand Pty Ltd [1999] HCA 36; (1999) 198 CLR 180 Save the Ridge Inc v Commonwealth (2005) 147 FCR 97; 142 LGERA 18 Spirits International BV v Federal Treasury Enterprise (FKP) Sojuzplodoimport [2011] FCAFC 69 Street v Luna Park Sydney Pty Ltd [2007] NSWSC 697 Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1 Vero Insurance Ltd v Tran [2008] NSWSC 166 Category: Procedural and other rulings Parties: Jennifer Ramsay (first Plaintiff) Lynn Maree DeFillippis (second Plaintiff) Loretta Mary Schiller (first Defendant) Penny Ann Lowe (second Defendant) Representation: Mr M S Willmott SC & Mr A Hill (Plaintiffs/Respondents) Mr J Ireland QC & Ms J Darvall (Defendants/Applicants) Butlers Will Dispute Lawyers (Plaintiffs) L P Alidenes & Co (Defendants) File Number(s): 2011/136817