Richard Joseph Richards v Jessica Kathleen Fletcher and Others [2018] NSWSC 503

Supreme Court New South Wales

Medium Neutral Citation: Richard Joseph Richards v Jessica Kathleen Fletcher and Others [2018] NSWSC 503 Hearing dates: 17 April 2018 Date of orders: 17 April 2018 Decision date: 17 April 2018 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: Declarations and Orders Made Catchwords: EQUITY – Trusts and trustees – Judicial advice – Declarations and orders made in support of Deed Cases Cited: Painaway Australia Pty Ltd v JAKL Group Pty Ltd [2011] NSWSC 205 Corporate Affairs Commission of NSW v Transphere Pty Ltd (1988) 15 NSWLR 596 Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 Category: Principal judgment Parties: Richard Joseph Richards (Plaintiff) Jessica Kathleen Fletcher (nee Peoples) Courtney Tiekle (nee Fletcher) Maxwell Fletcher Darren Arthur Peisley Christina Madeleine Graham Representation: Counsel: D Barlin (Plaintiff)

Solicitors: Teece Hodgson & Ward (Plaintiff) File Number(s): 2018/91530

Judgment

The Proceedings 1. The Plaintiff is the executor of the estate of the late Kevin John Fletcher who died on 10 April 2016. 2. By Summons filed on 22 March 2018 the Plaintiff seeks declaratory relief with the intent that all the interested parties are bound by that relief. 3. In particular the declaratory relief relates to whether the Plaintiff is justified in distributing the estate pursuant to a Deed dated 19 December 2017 signed by all relevant parties and/or their tutors. Having carefully considered the materials, I made orders on 17 April 2018 that the Plaintiff was justified in distributing the estate pursuant to the 19 December 2017 Deed. These are my reasons in support of those orders. 4. The Plaintiff moves principally on an affidavit of Richard Joseph Richards 15 March 2018. 5. Numerous other affidavits were also relied upon together with various consents to either act as tutor or trustee, as follows: Affidavit of Asheetha Sara Jelliffe, 26 March 2018; Affidavit of Stephen John Lennon, 7 March 2018; Affidavit of Yvonne Le Bas, 7 March 2018; Affidavit of Darren Arthur Peisley, 8 March 2018; Affidavit of Douglas Burns Simpson, 15 March 2018; Affidavit of Christina Madeleine Graham, 19 March 2018; Affidavit of Paul John Gunson, 21 March 2018