Riddell v Johnson [2013] NSWCA 293

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riddell v Johnson [2013] NSWCA 293 Hearing dates: 30 August 2013 Decision date: 30 August 2013 Before: Basten JA at [1]; Ward JA at [17] Decision: (1) Dismiss the summons seeking leave to appeal from the judgment given in the Equity Division on 20 March 2013. (2) Order that the applicant pay the costs of the respondents 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: SUCCESSION - wills - construction and effect of testamentary disposition - clause of will explained daughter not provided for because testatrix had provided "substantial financial support" to her business ventures "during my lifetime" - whether clause released applicant from indebtedness to estate - whether any alternative construction available -applicant, husband and testatrix co-guarantors on loan to family company - house of testatrix security for loan Legislation Cited: Succession Act 2006 (NSW), s 32 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Category: Principal judgment Parties: Louise Margaret Riddell (Applicant) Christopher Hart Johnson as Executor of the Estate of the Late Helen Margaret Johnson (First Respondent) Theresa Casey as Executor of the Estate of the Late Helen Margaret Johnson (Second Respondent) Representation: Counsel: