Michelle Cooper v Ian Anthony McCormack as executor of the estate of the late Colin Windsor McCormick; Wayne McCormick v Ian Anthony McCormick as Executor of the estate of the late Colin Windsor McCormick (No. 2) [2013] NSWSC 1588

Supreme Court New South Wales

Medium Neutral Citation: Michelle Cooper v Ian Anthony McCormack as executor of the estate of the late Colin Windsor McCormick; Wayne McCormick v Ian Anthony McCormick as Executor of the estate of the late Colin Windsor McCormick (No. 2) [2013] NSWSC 1588 Hearing dates: 31 October 2013 Decision date: 31 October 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Settlement of the proceedings approved on behalf of a person under legal incapacity pursuant to Civil Procedure Act 2006, s 76. Catchwords: SUCCESSION - application for judicial advice by an executor under Trustee Act 1925 s 63 in relation to a settlement offer and for approval of the settlement under Civil Procedure Act 2006 s 76 - the Court previously gave judicial advice that the executor that he would not be justified in accepting a settlement offer and identified certain unacceptable elements of that offer - the parties later reached an amended settlement and asked for it to be approved -the Court had a residual concern whether as a result of the settlement to be approved a sister should be appointed as her disabled brother's financial manager despite the potential conflict of interest which would arise in the sister on that appointment - mechanisms discussed to resolve the conflict. Legislation Cited: Civil Procedure Act 2006 NSW Trustee and Guardian Act 2009 Cases Cited: Michelle Cooper v Ian Anthony McCormack as executor of the estate of the late Colin Windsor McCormick; Wayne McCormick v Ian Anthony McCormick as Executor of the estate of the late Colin Windsor McCormick [2013] NSWSC 1207 Category: Consequential orders Parties: Plaintiff (2013/30300): Michelle Cooper Plaintiff (2013/114880): Wayne McCormick Defendant (2013/114880, 2013/30300): Ian Anthony McCormack as executor of the estate of the late Colin Windsor McCormick Representation: Counsel: Plaintiff (2013/114880): S K Hill Plaintiff (2013/30300): L Ellison SC Defendant: D Liebhold (2013/114880, 2013/30300) File Number(s): 2013/114880, 2013/30300 Publication restriction: No