Tina Marie Carter v Elizabeth Margaret Law [2017] NSWSC 919

Supreme Court New South Wales

Medium Neutral Citation: Tina Marie Carter v Elizabeth Margaret Law [2017] NSWSC 919 Hearing dates: 11 July 2017 Date of orders: 11 July 2017 Decision date: 11 July 2017 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Order the defendants to pay the plaintiff the sum of $30,000. 2. Order the defendants to pay the plaintiff's costs of the proceedings. 3. Order that orders 1 and 2 be stayed until 9 August 2017 or if further affidavits are filed in accordance with order 4, until further order of the Court. 4. Direct the defendants to file and serve any further affidavits upon which they intend to rely no later than 8 August 2017. 5. Direct the plaintiff to file and serve any affidavits in reply no later than 22 August 2017. 6. Note that the further evidence is limited to the question of ownership, possession and value of jewellery of the deceased. 7. Stand the matter over for further directions at 10 am on 5 September 2017. Catchwords: SUCCESSION – executors and administrators – proceedings against executors and administrators Legislation Cited: Probate and Administration Act 1898 (NSW), ss 85, 89 Category: Procedural and other rulings Parties: Tina Marie Carter (Plaintiff) Elizabeth Margaret Law (First Defendant) Paul Anthony Pittin (Second Defendant) Representation: Counsel: MWE Maconachie / J Shandil (Plaintiff) PA Pittin (in person) (Second Defendant)