Bovaird v Frost [2013] NSWCA 91

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bovaird v Frost [2013] NSWCA 91 Hearing dates: 12 April 2013 Decision date: 24 April 2013 Before: Basten JA Decision: In each of matters 2009/298569, 2009/298580 and 2009/298581, order that: (1) The appeal be dismissed. (2) The appellants pay the respondents' costs in this Court. [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: APPEAL - civil - whether appeal against quantum of damages should be dismissed - whether appeal would be an exercise in futility - where applicants awarded damages for breach of contract against estate - where estate bankrupt - where amount awarded exceeded remaining assets in the estate - where applicants had brought devastavit proceeding against executors of estate Legislation Cited: Family Provision Act 1982 (NSW) Cases Cited: Bovaird v The Trustee of the Bankrupt Estate of Maxwell Walter Allen Frost [2010] FCA 1159 Frost v Bovaird [2012] FCAFC 60 Category: Principal judgment Parties: In matter 2009/298569:

Monica Catherine Bovaird (Applicant) Alan Maxwell Frost (First Respondent) Diana Catherine Fallon (Second Respondent) Max Donnelly as trustee of the bankrupt estate of the late Maxwell Walter Allen Frost (Third Respondent)