Woodward v Woodward & Anor [2015] NSWSC 99

Supreme Court New South Wales

Medium Neutral Citation: Woodward v Woodward & Anor [2015] NSWSC 99 Hearing dates: 19 February 2015 Date of orders: 19 February 2015 Decision date: 19 February 2015 Jurisdiction: Equity Division Before: Slattery J Decision: Adjournment granted. Costs and other consequential orders made. Directions made for the former solicitors for the first and second defendants to be given notice that they may have to pay personally the plaintiffs costs thrown away by the adjournment. Orders made under UCPR, r 7.10 for the plaintiff to represent the estate temporarily in these proceedings pending a grant of probate. Catchwords: PROCEDURE –– new solicitor for defendants instructed and notice of appearance filed day before hearing –– adjournment application –– former solicitors did not file notice of appearance –– costs thrown away –– costs ordered as specified gross sum under Civil Procedure Act 2005 (NSW), s 98(4) –– costs payable into court.

SUCCESSION –– representation of deceased –– named executor had not applied for probate when these proceedings commenced on behalf of estate –– executor seeks orders under Uniform Civil Procedure Rules 2005 (NSW), r 7.10(1)(b), to represent estate while applying for probate. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 26, 98(4) Guardianship Act 1987 (NSW), s 25M Uniform Civil Procedure Rules, Part 7 Rule 10.1(a) Cases Cited: Juul v Northey [2010] NSWCA 211 Category: Procedural and other rulings Parties: Plaintiff: Stephen James Woodward First Defendant: Sharon Woodward Second Defendant: Tyrone Ronald Woodward Third Defendant: Trevor William Woodward Representation: Counsel: Plaintiff: R. Winfield First and Second Defendants: A. Hill