Tyree v Ward & Ors [2016] NSWSC 135

Supreme Court New South Wales

Medium Neutral Citation: Tyree v Ward & Ors [2016] NSWSC 135 Hearing dates: Friday, 5 February 2016 Decision date: 29 February 2016 Jurisdiction: Equity Before: White J Decision: Refer to para [68] of judgment Catchwords: PRACTICE AND PROCEDURE — application for leave to further amend statement of claim — application to dismiss proceedings — dispute concerning a will and various other agreements and representations — numerous previous attempts to identify a cause of action unsuccessful — no arguable cause of action identified — no arguable breach of agreements relied on — leave to further amend statement of claim refused — proceedings dismissed save as to claim under the Succession Act Legislation Cited: Fair Trading Act 1987 (NSW) Succession Act 2006 (NSW) Cases Cited: Bajramovic v Calubaquib [2015] NSWCA 139 Beswick v Beswick [1968] AC 58 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Coulls v Bagot's Executor and Trustee Co Ltd (1967) 119 CLR 460 Tyree v Ward [2015] NSWCA 296 Category: Procedural and other rulings Parties: Christopher Tyree (Plaintiff) David William Ward (1st Defendant) John Lucas Ramos (2nd Defendant) Peter Lyndon Tyree (3rd Defendant) Robyn Joy Fennell (4th Defendant) David Burnett McNeil (5th Defendant) Representation: Counsel: In person (Plaintiff) A P Cheshire SC (Defendant)