NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ford v Princehorn; Estate of Ford [2012] NSWSC 1165 Hearing dates: Monday, 24 September 2012 Decision date: 24 September 2012 Jurisdiction: Equity Division - Probate List Before: White J Decision: 1. Order that within 28 days the defendant file his accounts and a summons for the passing of the accounts and for any claim for commission in respect of the estate of the late Sarah Emmaline Ford. 2. Order that the defendant pay the plaintiffs' costs of the proceedings. 3. Declare that the defendant is not entitled to be indemnified out of the estate in respect of his costs of the proceedings or his liability to pay the costs of the plaintiffs. Catchwords: COSTS - where executor proposed to carry out all work required to obtain probate and administer estate on payment of remuneration in lieu of commission - executor sought agreement of beneficiaries - where majority of beneficiaries agreed to proposal - executor believed issue of remuneration should be resolved before final distribution - executor not justified in withholding partial distribution of estate -held costs follow the event
COSTS - Uniform Civil Procedure - executor acted for own benefit rather than benefit of the estate - executor not entitled to indemnity out of estate Cases Cited: Mavrideros v Mack [1998] NSWCA 286; (1998) 45 NSWLR 80 Garthshore v Chalie (1804) 10 Ves. Jun. 1; 32 ER 743 Re Tankard [1942] Ch 69 Texts Cited: R Geddes, C Rowland & P Studdert, Wills, Probate and Administration Law in New South Wales (1996) LBC Information Services (1996) Ford and Lee, Principles of the Law of Trust, 3rd ed Category: Principal judgment Parties: Ian James Ford (1st Plaintiff) Stewart John Ford (2nd Plaintiff) Narelle Winnetta Mary Lauer (3rd Plaintiff) Beverley Ann Fewins (4th Plaintiff) Winnetta Mavis Ford (5th Plaintiff) Susan Mary Stanley (6th Plaintiff) Craig James Ford (7th Plaintiff) Douglas Alan Ford (8th Plaintiff) Geoffrey Alan Princehorn (Defendant) Representation: Counsel: J E Armfield (Plaintiffs) K Balendra (Defendant) Solicitors: Jo-Anna F.S. Moy, Solicitor (Plaintiffs) F.C. Bryant Thomas & Co (Defendant) File Number(s): 2012/193168
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