Re Estate Ford; Application for Executor’s Commission [2016] NSWSC 6

Supreme Court New South Wales

Medium Neutral Citation: Re Estate Ford; Application for Executor's Commission [2016] NSWSC 6 Hearing dates: On written submissions in chambers Date of orders: 27 January 2016 Decision date: 27 January 2016 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: (1) Order that, save for an agreed adjustment, an application for review of a deputy registrar's determination of an allowance for executor's commission, and costs, out of a deceased estate be dismissed.

(2) Order that the executor pay the costs of the application for review without recourse to, or an indemnity from, the estate. Catchwords: WILLS, PROBATE and ADMINISTRATION – Executors – Claim for Commission – Assessment of Quantum – Principles applicable – small, uncomplicated estate.

PROCEDURE – Review of Registrar's decision – Assessment of executor's commission – Nature of review – Status of registrar's decision – Summary procedure.

COSTS – Wills, Probate and administration – Executor's claim for commission – Costs on application for commission – Costs on application for review – Principles applicable. Legislation Cited: Civil Procedure Act 2005 NSW, section 13 Probate and Administration Act 1898 NSW Supreme Court Delegation SCDEL 10 Part 1 Supreme Court Rules 1970 NSW, part 78 rule 94 Uniform Civil Procedure Rules 2005 NSW Cases Cited: Allen v Union-Fidelity Trustee Co of Australia Ltd (1986) 6 NSWLR 341 at 345E-346D Bates v Messner (1967) 67 SR (NSW) 187 at 189 and 191-192 Boyce v Bunce [2015] NSWSC 1924 at [45] Creer-the Estate of Peters [2007] NSWSC 1291 at [9] Ford v Princehorn; Estate of Ford [2012] NSWSC 1165 Hawkins v Barkley-Brown & Anor [2010] NSWSC 48 at [68]-[69] In the goods of Loveday [1900] P 154 at 156 In the Will of Shannon [1977) 1 NSWLR 210 at 214G-215D In the Will of Sheppard [1972] 2 NSWLR 714 at 716G-717B Nissen v Grunden (1912) 14 CLR 297 at 304-305. Re Estate Gowing at [29] and [100]-[108] Robinson v Pett (1734) 3P WMS. 249; 24 ER 1049 Tonko v Plasty (No. 2) (2008) 71 NSWLR 61 at 64 [4]-65 [11] Williamson v Spelleken [1977] Qd R 152 Texts Cited: ES Vance, Executors Commission (Law Book Co, Australia, 1969), pages 187-190 Mason and Handler, Succession Law and Practice (NSW) (Lexis Nexis, looseleaf), paragraph [1441.18] RS Geddes, CJ Rowland and P Studdert, Wills, Probate and Administration Law in New South Wales (LBC Information Services, 1996), paragraph [86.29] Category: Principal judgment Parties: Plaintiff: Geoffrey Alan Princehorn Defendants: Ian James Ford, Stewart John Ford, Narelle Winnetta Lauer, Beverley Ann Fewins, Winnetta Mavis Ford, Susan Mary Stanley, Craig James Ford and Douglas Alan Ford Representation: Counsel: Plaintiff: JL Poole (solicitor) Defendants: JE Armfield