Application of Perpetual Trustee Company Ltd; Re: Estate of the late Evelyn Mary Dempsey (No.2) [2016] NSWSC 1718

Supreme Court New South Wales

Medium Neutral Citation: Application of Perpetual Trustee Company Ltd; Re: Estate of the late Evelyn Mary Dempsey (No.2) [2016] NSWSC 1718 Hearing dates: 2 December 2016 Date of orders: 06 December 2016 Decision date: 06 December 2016 Jurisdiction: Equity Before: Slattery J Decision: Mediation ordered. All parties' costs of the mediation ordered out of the intestate share of the estate. Catchwords: SUCCESSION – conflict of laws – whether deceased domiciled in New South Wales or Queensland at the date of her death – whether mediation between claimants should take place before the issue of the deceased's Australian domicile is decided. Legislation Cited: Civil Procedure Act 2005, s 26 Succession Act 2006, ss 136, 137(1)(b) Trustee Act 1925,s 63(8 Uniform Civil Procedure Rules 2005, rr 7.6, 7.7 Cases Cited: Application of Perpetual Trustee Company Ltd; Re: Estate of the late Evelyn Mary Dempsey [2016] NSWSC 159 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 427 New Idafe Incorporated v Barnard [2007] NSWSC 1107 Oasis Fund Management Ltd v ABN Amro Bank NV [2009] NSWSC 967 Category: Costs Parties: Plaintiff: Perpetual Company Ltd in the estate of Evelyn Mary Dempsey Representation: Counsel: Plaintiff: M. Meek SC

Solicitors: Plaintiff: David Robert Samuel Creais, Bartier Perry For State of New South Wales: Paul Rankins, Crown Solicitor's Office (NSW) File Number(s): 2015/258459 Publication restriction: No