Boaz v Hyde [2014] NSWSC 1591

Supreme Court New South Wales

Medium Neutral Citation: Boaz v Hyde [2014] NSWSC 1591 Hearing dates: 6 November 2014 Decision date: 06 November 2014 Jurisdiction: Equity Division Before: Hallen J Decision: Order that the Plaintiff's amended notice of motion be dismissed with costs. Catchwords: SUCCESSION - Plaintiff's application to restrain executor of a will from realising one of the assets of the estate - Where executor proposes to sell one parcel of real property of the estate - Where basis of Plaintiff's claim is that she seeks an order that it be provided to her absolutely - Whether seriously arguable case that she may obtain a family provision order of the whole of the real estate - Balance of convenience Legislation Cited: Succession Act 2006 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Boettcher v Driscoll [2014] SASC 86 de Angelis v de Angelis [2003] VSC 432 Grizonic v Suttor [2004] NSWSC 137 Kolback Securities Limited v Epoch Mining NL (1987) 8 NSWLR 533 McKenzie v Topp [2004] VSC 90 Pontifical Society for the Propagation of the Faith v Scales [1962] HCA 19; (1962) 107 CLR 9 R (on the application of M) v Slough Borough Council [2008] UKHL 52; [2008] 1 WLR 1808 Vigolo v Bostin [2005] HCA 11; 221 CLR 191 Wilcox v Wilcox [2012] NSWSC 1138 Category: Interlocutory applications Parties: Carolyne Reid Boaz (Plaintiff) Gwenda Mae Hyde (Defendant) Representation: Counsel: Mr A J Grant (Plaintiff) Ms T Catanzariti (Defendant) Solicitors: Clarke & Cunningham, Solicitors (Plaintiff) Owen Hodge Lawyers (Defendant) File Number(s): 2014/112550