Riccardi v Riccardi [2013] NSWSC 1655

Supreme Court New South Wales

Medium Neutral Citation: Riccardi v Riccardi [2013] NSWSC 1655 Hearing dates: 11 November 2013 Decision date: 11 November 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: 1. Order that a grant of administration to the plaintiff and the defendant be revoked. 2. Order that the plaintiff deposit the revoked grant in the Registry. 3. Order that letters of administration, with the will of the deceased annexed, be granted to the plaintiff alone. 4. Order that the proceedings be referred to the Registrar to complete the grant. 5. Sundry other orders not the subject of report. Catchwords: WILLS, PROBATE AND ADMINISTRATION - Probate - Letters of administration with will annexed - Application for revocation of grant - Where due and proper administration of estate prevented by continuation of one of two co-administrators - Form of orders - Order for revocation of grant, with fresh grant to continuing administrator. Legislation Cited: - Cases Cited: Bates v Messner (1967) 67 SR (NSW) 187 at 189 and 191 -192 McKerracher v McKerracher [2011] NSWSC 1288 at [10] - [14] Mavrideros v Mack (1998) 45 NSWLR 80 at 107F-108C Morgan v MacRae [2001] NSWSC 1017 at [21] Profilio v Profilio [1999] NSWSC 657 at [33] - [34] Wight; Wight v Robinson [2013] NSWSC 1229 at [11]-[22] Texts Cited: - Category: Principal judgment Parties: Jadom Kie Riccardi (Plaintiff) Paul John Riccardi (Defendant) Representation: Counsel: JE Armfield (Plaintiff) Solicitors: Mitchell Pleybunt Redburn as agent for Teece Hodgsen & Ward (Plaintiff) File Number(s): 2013/00211282