Richard Austin Ell v Stephen Maxwell Ell & Michael Richard Ell [2014] NSWSC 259

Supreme Court New South Wales

Medium Neutral Citation: Richard Austin Ell v Stephen Maxwell Ell & Michael Richard Ell [2014] NSWSC 259 Hearing dates: 1,12,13 and 20 December 2013 Decision date: 19 March 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1)Order that the defendants' application for leave to amend their defence be dismissed. (2)Order that the proceedings be dismissed. (3)Direct the parties to deliver to the associate to Robb J within 10 days of the delivery of these reasons for judgment any submissions that they wish to make as to the costs order that should be made in these proceedings, together with the reasons therefore. (4)Order for the return of exhibits and subpoenaed material as set out in par 182. Catchwords: SUCCESSION - wills, probate and administration - construction and effect of will - whether the court is entitled to rectify a will under s29A Wills, Probate and Administration Act 1898 (NSW) - CONTRACT- breach of agreement - whether an agreement was varied or terminated Legislation Cited: Wills, Probate and Administration Act 1898 (NSW) s 29A Succession Act 2006 (NSW) s 27 Cases Cited: Jones v Dunkel (1959) 101 CLR 298 Public Trustee v Herbert [2009] NSWSC 366 Re Estate of Max Fredrick Dippert [2001] NSWSC 169 Estate of Haygarth (Hodgson J, 7 October 1994, unrep) Craig v Silverbrook [2013] NSWSC 1687 Chin v Miller (1981) 37 ALR 171 Yovich v Collyer [1972] WAR 143 Newbon v City Mutual Life Insurance Society Ltd (1935) 52 CLR 723 Grundt v Great Boulder Goldmines Pty Ltd [1937] 59 CLR 641 Osborn v McDermott [1998] 3 VR 1 Category: Principal judgment Parties: Richard Austin Ell (plaintiff) Representation: Counsel: M Sneddon/C Alexander (plaintiff) M Meek SC (defendants) Solicitors: Bull Son & Schmidt (plaintiff) Hunt & Hunt (defendants) File Number(s): 2012/340482