Hillston Estate - Allan Hillston [2010] NSWSC 465
Mr Bar-Mordecai's application sought to institute substantive new proceedings, not merely to oppose as a beneficiary. As his affidavits contained no material justifying granting leave apart from previously refused allegations, leave to file the Amended Notice of Motion and supporting affidavits was refused.
- Parties
- Plaintiff: Allan David James Hillston; Interested Party: Michael Bar-Mordecai
- Jurisdiction
- Australia
- Judgment Date
- 12 May 2010
- Procedural Posture
- Probate / Application for Leave to Institute Proceedings by Vexatious Litigant
- Outcome
- Leave refused
- Legal Topics
- Vexatious Proceedings, Leave to Institute Proceedings, Passing of Accounts, Executor Commission
Case Brief
Summary, issues, holding and outcome
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Parties
Allan David James Hillston
Plaintiff
Michael Bar-Mordecai
Interested Party
Procedural Posture
Probate / Application for Leave to Institute Proceedings by Vexatious Litigant
Legal Issues
- 1 Whether the application is one 'to institute proceedings' for the purposes of s 14(2) Vexatious Proceedings Act
- 2 Whether material put forward justifies granting leave
Ratio Decidendi
Mr Bar-Mordecai's application sought to institute substantive new proceedings, not merely to oppose as a beneficiary. As his affidavits contained no material justifying granting leave apart from previously refused allegations, leave to file the Amended Notice of Motion and supporting affidavits was refused.
Court Disposition
Leave refused
Orders
- Leave to file the Amended Notice of Motion refused
- Leave to file the affidavits of Mr Bar-Mordecai refused
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