Wilcox v Wilcox [2019] NSWSC 306

Supreme Court New South Wales

Medium Neutral Citation: Wilcox v Wilcox [2019] NSWSC 306 Hearing dates: 25 February 2019 Date of orders: 25 March 2019 Decision date: 25 March 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Direct that the applicant file within 14 days any written submissions (no more than two pages) as to why an order should not be made that Mr Wilcox pay the costs of the first and second respondents in relation to the application on the indemnity basis and why any order for access should not be conditional on those costs being paid or secured in advance. Catchwords: CIVIL PROCEDURE –– Court administration — Non-party access to court files –– probate and administration of estate proceedings –– application for access to probate file including alleged affidavit(s) made in support –– allegations of fraud –– unnecessary joinder of second respondent by applicant –– orders regarding access deferred and applicant directed to make submissions regarding costs Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6, Div 1 Practice Note SC Gen 2, [6]-[7] Succession Act 2006 (NSW), s 59 Uniform Civil Procedure Rules 2005 (NSW), r 49.19 Cases Cited: Chapple v Wilcox [2014] NSWCA 392 Noble Earth Technologies Pty Limited v Hampic Pty Limited trading as Cyndan Chemicals [2012] NSWSC 935 Re Estate of Gowing; Application for Executor's Commission [2014] NSWSC 247 The Estate of Arthur Michael Falco; Falco v Lambert (No 3) [2015] NSWSC 1343 UTSG Pty Limited v Gwynvill Properties Pty Ltd [2017] NSWSC 558 Wilcox v Wilcox (No 2) [2014] NSWSC 88 Category: Procedural and other rulings Parties: Robert William Wilcox (Applicant) The late Patricia Anne Wilcox (executrix and trustee) (First Respondent) Paul Brian Duffy (Second Respondent) Representation: Counsel: E Danis (As "Mackenzie friend" for Applicant) B Nixon (Solicitor) (First Respondent) P Duffy (in person, Second Respondent) File Number(s): 2011/00327494 Publication restriction: Nil