Justin Barker v Gordon Albert Salier [2018] NSWSC 798

Justin Barker v Gordon Albert Salier [2018] NSWSC 798

Having regard to the statement of facts, counsel's memorandum and addendum, the chronology, settlement checklist and correspondence from Jennifer's trustee in bankruptcy, the Court considered that Mr Salier, as defendant in the Family Provision Order Proceedings and administrator of the estate, would be justified in compromising those proceedings on the terms of the Judgment Order dated 30 April 2018.

Jurisdiction
Australia
Judgment Date
24 May 2018
Procedural Posture
Application for Opinion, Advice and Directions Under S 63 of the Trustee Act 1925 (nsw) Concerning Compromise of a Family Provision Claim Under the Succession Act 2006 (nsw) / Ex Tempore Judgment After Mediation and Conditional Compromise
Outcome
Judicial advice granted; the administrator was held justified in settling the Family Provision Order Proceedings on the proposed terms, with costs of the application paid from the estate on the trustee basis.
Legal Topics
['judicial Advice' 'executor or Administrator Justification' 'family Provision Order' 'compromise of Proceedings' 'deceased Estate']
['equity' 'trusts and Trustees' 'succession'] ['judicial Advice' 'executor or Administrator Justification' 'family Provision Order' 'compromise of Proceedings' 'deceased Estate']

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Procedural Posture

Application for Opinion, Advice and Directions Under S 63 of the Trustee Act 1925 (nsw) Concerning Compromise of a Family Provision Claim Under the Succession Act 2006 (nsw) / Ex Tempore Judgment After Mediation and Conditional Compromise

Legal Issues

  1. 1 ['Whether the administrator of the estate would be justified in settling the Family Provision Order Proceedings on the proposed terms.']

Ratio Decidendi

Having regard to the statement of facts, counsel's memorandum and addendum, the chronology, settlement checklist and correspondence from Jennifer's trustee in bankruptcy, the Court considered that Mr Salier, as defendant in the Family Provision Order Proceedings and administrator of the estate, would be justified in compromising those proceedings on the terms of the Judgment Order dated 30 April 2018.

Court Disposition

Judicial advice granted; the administrator was held justified in settling the Family Provision Order Proceedings on the proposed terms, with costs of the application paid from the estate on the trustee basis.

Orders

  • ['Mr Salier would be justified in settling the Family Provision Proceedings upon the terms of the document dated 30 April 2018 described as "Judgment Order".' "Mr Salier's costs of this application be paid out of the assets of the Estate of the late Clair Elizabeth Christina James on the trustee basis." 'In...