Callaway v Callaway; The Estate of Aileen Margaret Callaway [2019] NSWSC 1275

Supreme Court New South Wales

Medium Neutral Citation: Callaway v Callaway; The Estate of Aileen Margaret Callaway [2019] NSWSC 1275 Hearing dates: 24 September 2019 Date of orders: 24 September 2019 Decision date: 24 September 2019 Jurisdiction: Equity Before: Slattery J Decision: Independent solicitor appointed as administrator. Each party ordered to bear his own costs of the proceedings. Catchwords: CIVIL PROCEDURE – Probate and administration of estates – Contentious proceedings – deceased died in 2012 – deceased left a will appointing her three sons as executors and trustees of her estate – one son passed away in 2017 – acrimonious relationship between the two remaining sons – probate and administration of the deceased's estate has not been granted – contest between two sons as to who should be appointed as executor of mother's estate – Court appoints independent solicitor to administer the estate. Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, r 7.10 Cases Cited: Bates v Messner (1967) 67 SR (NSW) 187 Mavrideros v Mack (1998) 45 NSWLR 80 Miller v Cameron (1936) 54 CLR 572 Uniting Church in Australia Property Trust NSW v Millane [2002] NSWSC 1070 Category: Principal judgment Parties: Plaintiff/Cross-Defendant: Martin Garry Callaway Defendant/Cross-Claimant: Trevor John Callaway Estate of Aileen Margaret Callaway Representation: Counsel: Plaintiff/Cross-Defendant: S. Chapple Defendant/Cross-Claimant: R.J. Colquhoun; G. Scott-London