Re GRP [2019] NSWSC 710

Supreme Court New South Wales

Medium Neutral Citation: Re GRP [2019] NSWSC 710 Hearing dates: 3 June 2019 Date of orders: 03 June 2019 Decision date: 03 June 2019 Jurisdiction: Equity - Adoptions List Before: Hallen J Decision: The Court:

(a) Orders, pursuant to UCPR rule 6.24 that SK, IF, TF and GK, the executors of the estate of VK, be joined as parties to the notice of motion filed by GRP on 24 December 2018.

(b) Orders that GRP pay the costs of the executors of the joinder notice of motion.

(c) Notes that GRP has served a substantive affidavit in support of the discharge motion and will provide the original to the Court and serve a copy thereof upon the Attorney-General within 7 days.

(d) Directs that the executors of the estate of VK serve such evidence upon which it is intended to rely by 4:00 p.m. on 24 June 2019.

(e) Directs GRP to serve any evidence in reply by 4:00 p.m. on Friday, 12 July 2019.

(f) Stands the matter over for further directions before Hallen J at 9:15 a.m. on Monday, 15 July 2019. Catchwords: CIVIL PROCEDURE – Parties – Joinder – Applicants are executors of estate of the deceased – Claim in Queensland brought by GRP, the biological son of the deceased who had been adopted in 1965 under Child Welfare Act 1939 (NSW) – Effect of adoption – Adopted son seeks order to discharge the adoption order made in New South Wales – The executors are the named Defendants in the Queensland proceedings – Executors seek joinder to son's notice of motion for discharge of the adoption order – Son opposes joinder – Whether executors are necessary or proper parties to the discharge notice of motion Legislation Cited: Adoption Act 2000 (NSW) Adoption Information Act 1990 (NSW) Adoption of Children Act 1965 (NSW) Child Welfare Act 1939 (NSW) Civil Procedure Act 2005 (NSW) Succession Act 1981 (Qld) Adoption Act 2009 (Qld) Cases Cited: Adoption of LVH [2014] NSWSC 1902 APT Finance Pty Ltd v Wingside Nominees Pty Ltd [No 2] [2009] WASCA 235 Cameron v Cole (1944) 68 CLR 571; [1944] HCA 5 China First Pty Ltd v Mount Isa Mines Ltd [2018] QCA 350 Fletcher & Ors (as liquidators of Octaviar Ltd & Octaviar Administration Pty Ltd) v Anderson (2014) 103 ACSR 236; [2014] NSWCA 450 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Lee v Australian Executor Trustees Limited as Trustee of the Estate of the Late Ronald William Lee [2019] WASC 96 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410; [1996] FCA 870 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 Re DG and the Adoption Act 2000 [2007] NSWCA 241 Re Octaviar Administration Pty Ltd (in liq) (2013) 94 ACSR 612; [2013] NSWSC 786 Re Raejoe Pty Limited [2012] NSWSC 1457 Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50 Seller v Jones [2014] NSWCA 19 State of Victoria v Sutton (1998) 195 CLR 291; [1998] HCA 56 Yuen Wah v Lee Kwok Kee [1995] 2 HKLR 280 Texts Cited: New South Wales, Law Reform Commission, Review of the Adoption Information Act 1990 (NSW) (July 1992) Category: Procedural and other rulings Parties: Applicants: SK, IF, TF and GK, as executors of the estate of VK