Parsons v Davison [2016] NSWSC 1491

Supreme Court New South Wales

Medium Neutral Citation: Parsons v Davison [2016] NSWSC 1491 Hearing dates: 29 July 2016 Date of orders: 21 October 2016 Decision date: 21 October 2016 Jurisdiction: Equity Before: Robb J Decision: See par 29 Catchwords: PROBATE – plaintiffs sought to revoke grant of probate to the executor – whether the executor had properly administered the estate – amongst other things, the executor failed to realise estate assets in a timely fashion, paid himself commission without authorisation, failed to properly maintain accounts, and there exists a conflict between the executor's personal interest and the administration of the estate in relation to certain shares – held there is a failure by the executor to properly administer the estate – held grant of probate of the will of the deceased made to the executor be revoked – held executor to pay the plaintiffs' costs and no indemnity from trust allowed Cases Cited: Mavrideros v Mack (1998) 45 NSWLR 80; [1998] NSWCA 286 Mead v Watson as Liquidator for Hypec Electronics Pty Ltd [2005] NSWCA 133; (2005) 23 ACLC 718 Riccardi v Riccardi [2013] NSWSC 1655; (2013) 11 ASTLR 198 Category: Principal judgment Parties: Kimberley Roy Parsons (first plaintiff) Julie Percy (second plaintiff) Murray George Davison (defendant) Representation: Counsel: M Sneddon (plaintiffs) M Davison (self-represented defendant)

Solicitors: Teece Hodgson & Ward (plaintiffs) M Davison (self-represented defendant) File Number(s): 2015/167244 Publication restriction: None