Empson v Hagar [2016] NSWSC 129

Supreme Court New South Wales

Medium Neutral Citation: Empson v Hagar [2016] NSWSC 129 Hearing dates: 24 February 2016 Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Equity Before: Hallen J Decision: Direct the parties to provide to my Associate, within 14 days, Short Minutes of Order that reflect these reasons for judgment. The orders may be made in Chambers without the need for any party to appear if the parties are in agreement in respect of the form of orders. Otherwise stand the matter over until 3:30 p.m. on 15 March 2016. Catchwords: SUCCESSION – Administration of estates - ongoing disputes between two executors – Competing claims brought following settlement of Probate proceedings – Payment of interest on money payable to the estate by one executor Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Murdocca v Murdocca (No 2) [2002] NSWSC 505 re Dawson; Union Fidelity Trustee Co Ltd v Perpetual Trustee Co Ltd (1966) 84 WN (Pt 1) (NSW) 399; [1966] 2 NSWR 211 Category: Procedural and other rulings Parties: Jennifer Bernadette Empson (Plaintiff) Mark Anthony Hagar (Defendant) Representation: Counsel: Mr T Morahan (Plaintiff) Mr M Klooster (Defendant)

Solicitors: Lang Noonan Legal (Plaintiff) Kell Moore Pty Ltd (Defendant) File Number(s): 2014/161573

Judgment – EX TEMPORE (REVISED)

The Claims 1. HIS HONOUR: There are listed, for hearing today, two notices of motion. The first in time was filed on behalf of Jennifer Bernadette Empson (to whom I shall refer as "the Plaintiff") on 2 June 2015, in which she sought an order that Mark Anthony Hagar (to whom I shall refer as "the Defendant"), "administer the estate of the late Francis Dudley Hagar [to whom I shall refer as "the deceased"] according to law" and an order that he pay to the estate $15,673.77. 2. How the sum claimed by the Plaintiff is calculated is set out in an annexure to the Plaintiff's affidavit sworn 28 May 2015 as follows: - interest $2,301.00 - furniture and personal effects $8,500.00 - reimbursement of legal costs $ 975.27 - money retained $2,500.00 - Prices furniture $1,397.50 $15,673.77