Selected Cases
Rattigan v Hanly [2020] NSWSC 1722 – estate administration – beneficiary suing executor for removal and mal-administration – executor’s right to claim costs from estate during the proceeding
Estate of Huber [2020] NSWSC 1539 – estate administration – passing of accounts – legal costs – commission
Armitage v Fraser [2020] NSWSC 979 – family provision – remote hearing – Deceased’s statements about applicant – applicant’s financial resources include inheritance from father with dementia who cannot change his will
Micallef v Linney – Estate of Hope Marie Linney [2020] NSWSC 898 – probate – knowledge and approval – codicil in the context of will and earlier codicil – knowledge of effect of will, not just knowledge of contents of will
The Estate of Milan Zlatevski; Geroska v Zlatevski [2020] NSWSC 250– probate – testamentary capacity – delusions – presumptions
Barbuto v Barbuto [2019] NSWSC 1023 – family provision – whether testamentary discretionary trust provides proper and adequate provision; lack of full and frank disclosure; gambling
Re Estates Croft, deceased [2018] NSWSC 1303 – probate – lack of testamentary capacity
Sackelariou, Edward v O’Donnell; Sackelariou, George v O’Donnell [2018] NSWSC 1651 – burden of family provision order – beneficiary not consent to burden of provision
Sergent v Glass (No 2) [2018] NSWSC 1100 – family provision order of whole estate to sons where widow is sole beneficiary but unable to be located and unwilling to engage with proceedings
Sergent v Glass [2017] NSWSC 1446 – special grant of administration to independent third party to compromise family provision claim – substituted service through facebook messenger
Viljoen v Hayes [2017] NSWSC 801 – request for estate documents – UCPR 54.3 – preliminary discovery for potential family provision claim
JR Consulting & Drafting v Cummings [2016] HCATrans 202 (High Court Special Leave) – copyright subsistence computer software, trade secrets, abandonment
JR Consulting & Drafting Pty Limited v Cummings [2016] FCAFC 20 – copyright in computer software, subsistence, infringement, authorisation, directors liability; trade secrets; contract construction
McIntyre v O’Regan [2015] NSWSC 1985 – family provision – adult children
Boaz v Hyde [2014] NSWSC 1591 – restrain executor from dealing with estate property pending trial
Underwood v Gaudron [2014] NSWSC 1055 – family provision – estranged adult child
Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney [2013] NSWSC 1520 – family provision – de facto; severely disabled child
Rappard v Williams [2013] NSWSC 1279 – legal capacity; appointment of tutors
Danihel v Manning [2012] NSWSC 556 – disclosure under SC Eq 11 Supreme Court Practice Note
JR Consulting & Drafting Pty Ltd v Cummings [2014] NSWSC 1252 – computer software, intellectual property licences, construction of commercial contracts, implied terms, breach of contract, notice provisions, unconscionable conduct, conspiracy, tortious interference contractual relations, misleading and deceptive conduct, copyright, trade mark, confidential information