Telfer v Telfer [2013] NSWCA 330

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Telfer v Telfer [2013] NSWCA 330 Hearing dates: 30 September 2013 Decision date: 30 September 2013 Before: Meagher JA Decision: (1) Order that the administration of the Estate to the extent of the making of any payments or distributions to creditors of the estate be stayed until the disposition of the application for leave to appeal and, if leave is granted, the disposition of the appeal. (2) Order that the applicant's motion filed on 10 September 2013 otherwise be dismissed. (3) Order that the costs of that application be costs in the application for leave to appeal and 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: PROCEDURE - judgments and orders - stay of execution - application for stay of administration of deceased estate and costs order pending hearing of application for leave to appeal - no question of principle Legislation Cited: Supreme Court Act 1970, s 75A Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] NSWCA 130 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Neil Ronald Telfer as Executor for the Estate of the late Lyall Telfer v Carolyn Telfer [2013] NSWSC 412 Neil Ronald Telfer as Executor for the Estate of the late Lyall Telfer v Carolyn Telfer (No 2) [2013] NSWSC 823 Phoenix Commercial Enterprises Pty Ltd v City of Canada Bay Council [2010] NSWCA 64 Category: Interlocutory applications Parties: Neil Ronald Telfer as executor for the estate of the late Lyall Telfer (Applicant) Carolyn Telfer (First Respondent) NSW Trustee and Guardian (Second Respondent) Representation: Counsel: M K Rollinson (Applicant) C Carroll (First Respondent) No appearance (Second Respondent) Solicitors: Barrak Lawyers (Applicant) Whitehead Cooper Williams (First Respondent) File Number(s): 2013/205049 Decision under appeal Jurisdiction: 9111 Citation: Neil Ronald Telfer as Executor for the Estate of the late Lyall Telfer v Carolyn Telfer (No. 2) [2013] NSWSC 823 Date of Decision: 2013-06-21 00:00:00 Before: Slattery J File Number(s): 2011/283114