Secure Funding Pty Limited v George [2014] NSWSC 1420

Supreme Court New South Wales

Medium Neutral Citation: Secure Funding Pty Limited v George [2014] NSWSC 1420 Hearing dates: 19 September 2014 Decision date: 19 September 2014 Before: White J Decision: Refer to para [25] of judgment. Catchwords: SUCCESSION - wills, probate and administration - where executrix and trustee mortgaged property subject of right of residence under will in support of loan for her own benefit - where executrix and trustee defaulted on loan and mortgagee obtained possession and exercised power of sale depriving cross-claimant of right of residence - breach of trust and claim for equitable compensation - whether cross-claimant entitled to equitable compensation for breach of trust - held cross-claimant so entitled - family provision and maintenance - Family Provision Act 1982 (NSW) - where need to make application for family provision arose due to executrix and trustee's breach of trust - unopposed application for extension of time for making of application - application granted - appointment of representative of estate under UCPR r 7.10 - appointment of representative of estate where executrix and trustee committed breach of trust and third cross-defendant consented to appointment as representative of estate Legislation Cited: Civil Procedure Act 2005 (NSW) Family Provision Act 1982 (NSW) Category: Interlocutory applications Parties: Shane Joseph Robinson (Cross-Claimant) Aliceson Elizabeth George (1st Cross-Defendant) David Andrew George (2nd Cross-Defendant) Christine Brizzolara (3rd Cross-Defendant) Representation: Counsel: J E Armfield (Cross-Claimant) P Savage (3rd Cross-Defendant) Solicitors: Cluff & Associates (Cross-Claimant) Frontier Law Group (3rd Cross-Defendant) File Number(s): 2012/19534