Boyd v Thorn [2016] NSWSC 837

Supreme Court New South Wales

Medium Neutral Citation: Boyd v Thorn [2016] NSWSC 837 Hearing dates: 14 June 2016 Decision date: 14 June 2016 Jurisdiction: Equity Before: White J Decision: 1. Proceedings dismissed. 2. Plaintiff to pay the defendant's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE — Pleadings — Application to strike out amended statement of claim pursuant to UCPR r 14.28 — Application to dismiss proceedings pursuant to UCPR r 13.4 — Amended statement of claim seeks order setting aside orders made in earlier proceeding on ground they were procured by fraud — Amended statement of claim seeks order setting aside grant of probate — Whether amended statement of claim pleads fresh facts which would provide a reason for setting aside earlier orders — No newly discovered material is relied on — Plaintiff lacks standing to challenge the grant of probate — Amended statement of claim attempts to re-litigate matters that have been heard and determined — Proceedings dismissed Cases Cited: Boyd v Catherine Margaret Thorn as Executrix of the Estate of the late Betty McAuley [2016] NSWSC 588 Catherine Margaret Thorn as executrix of the estate of the late Betty McAuley v Boyd [2014] NSWSC 1159 Aboody v Ryan [2012] NSWCA 395 Cabassi v Vila [1940] 64 CLR 130 McDonald v McDonald (1965) 113 CLR 529 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Toubia v Schwenke (2002) 54 NSWLR 46 Betty McAuley by her Tutor the NSW Trustee & Guardian v Ian Geoffrey Boyd (Kunc J, Supreme Court of NSW, 22 May 2013) Re Burt [1988] 1 Qd R 23 Re Cook; Ex Parte C (1985) 156 CLR 249 Category: Principal judgment Parties: Ian Boyd (Plaintiff) Catherine Margaret Thorn (Defendant) Representation: Counsel: In person (Plaintiff) V Brigden (Defendant)