NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Estate Vella [2020] NSWSC 421 Hearing dates: 16-17 April 2020 Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Equity - Duty List Before: Lindsay J Decision: (1) ORDER that, in each of two sets of family provision proceedings to be heard together, the defendant be granted leave, pursuant to rule 20.26(11) of the Uniform Civil Procedure Rules 2005 NSW, to withdraw an Offer of Compromise.
(2) DECLARE that no contract for compromise of those proceedings arose from the plaintiffs' purported acceptance of the defendant's offers of compromise.
(3) ORDER that the listing of the proceedings for a final hearing commencing on 22 April 2020 be confirmed.
(4) ORDER that the costs of the defendant's applications for leave to withdraw her offers of compromise be the parties' costs in the proceedings.
(5) ORDER that the papers relating to those applications be placed in a sealed envelope marked "Confidential" and "Not to be opened without an order of a judge made on notice to the parties". Catchwords: OFFER of Compromise – Application to wi thdraw offer during period open for acceptance – Application granted. Legislation Cited: Uniform Civil Procedure Rules 2005 NSW Succession Act 2006 NSW Civil Procedure Act 2005 NSW Cases Cited: Lewis v Combell Constructions Pty Ltd (1989) 18 NSWLR 528 Texts Cited: - Category: Procedural and other rulings Parties: 2018/00369508
Plaintiff: Vincent Vella Defendant: Vanessa Vella
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