Fisher & Ors v Gordon; Estate of Jarvis [2012] NSWSC 1397

Supreme Court New South Wales

Medium Neutral Citation: Fisher & Ors v Gordon; Estate of Jarvis [2012] NSWSC 1397 Hearing dates: 8 November 2012 Decision date: 08 November 2012 Before: White J Decision: Claim for interlocutory relief in summons dismissed with costs. Catchwords: WILLS & ESTATES - plaintiffs' application to restrain executors of a will from realising assets of the estate - where executors propose to sell real property of the estate - where plaintiffs allege that sale of real property will have adverse tax implications for some beneficiaries - evidence adduced as to possible tax implications for foreign resident beneficiary - whether seriously arguable case that executors are in breach of their duties to act in the best interests of beneficiaries or impartially as between them Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Commissioner of Stamp Duties (Qld) v Livingstone [1965] AC 694 Attorney-General (Cth) v Breckler (1999) 197 CLR 83 Wilkinson v Clerical Administrative and Related Employees Superannuation Pty Limited (1998) 79 FCR 469 Texts Cited: PD Finn, Fiduciary Obligations, Law Book Co, 1977 J D Heydon & M J Leeming, Jacobs Law of Trusts, LexisNexis Butterworths, 7th ed, 2006 Category: Interlocutory applications Parties: Helen Fisher (1st Plaintiff) Benjamin Leslie Fisher (2nd Plaintiff) Simon Fisher (3rd Plaintiff) George Max Gordon (1st Defendant) Dennis Ronald Levy (2nd Defendant) Gerwill Pty Ltd (3rd Defendant) Representation: Counsel: M Dempsey SC with D Hughes (Plaintiffs) J S Drummond (Defendant) Solicitors: Arnold Bloch Liebler (Plaintiffs) E H Tebbutt & Sons (Defendants) File Number(s): 2012/347378