Pateman v Pateman (deceased) [2015] NSWSC 2151

Supreme Court New South Wales

Medium Neutral Citation: Pateman v Pateman (deceased) [2015] NSWSC 2151 Hearing dates: 15 December 2015 Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction: Equity - Family Provision List Before: Brereton J Decision: Orders appointing representative of deceased defendant made. Catchwords: PROCEDURE – appointment of person to represent defendant in proceedings – where defendant has died – where both defendant's will and plaintiff seek appointment of different persons to represent defendant – function of defendant in family provision proceedings – where plaintiff has no proper interest in identity of person representing defendant – where appropriate representative party is person nominated in defendant's will. Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 7.10 Category: Procedural and other rulings Parties: Graham Noel Pateman (first plaintiff) Stephen James Pateman (second plaintiff) Mark Anthony Pateman (third plaintiff) Marree Ann Pateman (fourth plaintiff) Vicki Lee Pateman (fifth plaintiff) Ricky Pateman (defendant) Peter Mark Saunders (alternate representative for the estate of the late Ronal James Pateman) Representation: Counsel: D W Elliott (first plaintiff) R Keller w R Armitage (second to fifth plaintiffs) M Hadley (alternate representative)

Solicitors: Pickering Law (plaintiffs) Conroy Stewart Spagnolo (alternative representative) File Number(s): 2015/271904