Begley v Attorney-General of New South Wales [1910] HCA 69

Begley v Attorney-General of New South Wales [1910] HCA 69

A decree or order made in an administration suit to which the surety was not a party is not evidence against the surety for the purposes of proving breach of the administration bond under the Charter of Justice, unless the bond specifically makes the surety liable to be bound by such a decree. Damages must be proven independently against the surety, and evidence as to the actual loss, as well as assignment of interests of next of kin to the administratrix, is admissible.

Parties
Appellant; Defendant: Robert Louden Begley; Plaintiff; Respondent: Attorney-General of New South Wales (on the relation of Denis O'Brien)
Jurisdiction
Australia
Judgment Date
07 December 1910
Procedural Posture
Appeal From the Supreme Court of New South Wales / High Court Judgment – Disposition of Appeal
Outcome
Appeal allowed; new trial ordered as to first and third breaches
Legal Topics
Administration Bond, Surety Liability, Evidence—res Inter Alios Acta, Remedies for Breach of Administrator’s Bond, Next of Kin—assignment of Interest, Practice—nominal Plaintiff—relator
Succession Law Probate and Administration Suretyship Administration Bond Surety Liability Evidence—res Inter Alios Acta Remedies for Breach of Administrator’s Bond Next of Kin—assignment of Interest +1 more

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Parties

Robert Louden Begley

Appellant; Defendant

Attorney-General of New South Wales (on the relation of Denis O'Brien)

Plaintiff; Respondent

Procedural Posture

Appeal From the Supreme Court of New South Wales / High Court Judgment – Disposition of Appeal

Legal Issues

  1. 1 Whether a decree in an administration suit to which the surety was not a party is admissible or conclusive evidence against the surety for breach of an administration bond.
  2. 2 Whether the damages can be proved as less than those found in an administration decree, and whether assignments by next of kin to the administratrix can be proven.
  3. 3 Construction and ambit of the administration bond under the Charter of Justice and Wills, Probate and Administration Act 1898 (N.S.W.)

Ratio Decidendi

A decree or order made in an administration suit to which the surety was not a party is not evidence against the surety for the purposes of proving breach of the administration bond under the Charter of Justice, unless the bond specifically makes the surety liable to be bound by such a decree. Damages must be proven independently against the surety, and evidence as to the actual loss, as well as assignment of interests of next of kin to the administratrix, is admissible.

Court Disposition

Appeal allowed; new trial ordered as to first and third breaches

Orders

  • Judgment entered by the Supreme Court as to the first and third breaches set aside
  • New trial directed as to first and third breaches