Citibank Ltd v Liu; ABN Amro Bank NV v Liu [2003] NSWSC 611

Citibank Ltd v Liu; ABN Amro Bank NV v Liu [2003] NSWSC 611

Because the second defendant had died, probate of his will had not been obtained, Daniel Wong was not yet seised of the estate or able to decide whether to appeal, and the representation order was probably not efficacious to permit an appeal, the proper course in the unusual circumstances was to stand the matters over until 13 November 2003 for the purpose of making the orders rather than make the orders immediately.

Jurisdiction
Australia
Judgment Date
03 July 2003
Procedural Posture
Equity Proceedings / Application to Stand Over Making of Orders After Substantive Judgment and Before Final Orders
Outcome
Proceedings adjourned for making of final orders after probate obtained of the deceased defendant's will.
Legal Topics
['adjournment' 'stay of Proceedings' 'deceased Defendant' 'probate' 'appeal Timing']
['civil Procedure' 'equity'] ['adjournment' 'stay of Proceedings' 'deceased Defendant' 'probate' 'appeal Timing']

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Procedural Posture

Equity Proceedings / Application to Stand Over Making of Orders After Substantive Judgment and Before Final Orders

Legal Issues

  1. 1 ["Whether the Court should stand the matters over before making orders to allow the present second defendant to obtain probate of Casey Wong's will and decide whether to appeal." 'Whether orders should be made immediately, with any protection for the second defendant dealt with by a stay or later application for leave to appeal out of time.']

Ratio Decidendi

Because the second defendant had died, probate of his will had not been obtained, Daniel Wong was not yet seised of the estate or able to decide whether to appeal, and the representation order was probably not efficacious to permit an appeal, the proper course in the unusual circumstances was to stand the matters over until 13 November 2003 for the purpose of making the orders rather than make the orders immediately.

Court Disposition

Proceedings adjourned for making of final orders after probate obtained of the deceased defendant's will.

Orders

  • ['The matters were stood over to 13 November 2003 at 9.30 am before Hamilton J for the purpose of making the orders.']