Griffin v Matthews [2012] NSWCA 348

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Griffin v Matthews [2012] NSWCA 348 Hearing dates: 17, 23 October 2012 Decision date: 23 October 2012 Before: Allsop P at [1], [37], [47]; Basten JA at [2]; Tobias AJA at [43] Decision: (1) Grant the applicants leave to appeal against order (1) made by Davies J in the Equity Division on 14 September 2012. (2) Allow the appeal and set aside order (1) made in the Equity Division on 14 September 2012; (3) In place thereof, (a) order that the second defendant's notice of motion, in so far as it sought dismissal of the claim with respect to the pre-probate period against the second defendant, be dismissed, and (b) there be no order as to the costs of the second defendant's notice of motion; (4) Order that the respondent pay the applicants' costs in this Court; (5) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROBATE - intermeddling in estate - primary asset of estate was single share in company - one executor appointed as director of company prior to grant of probate - evidence that other named executors approved appointment - whether conduct constitutes intermeddling