Hillston v Bar-Mordecai [1999] NSWSC 347

Hillston v Bar-Mordecai [1999] NSWSC 347

The defendant's application for a stay is dismissed because the prejudice to the plaintiff in being unable to meet the estate's legal liabilities outweighs the prejudice to the defendant, who has alternative accommodation. The application to appoint trustees for sale is appropriate and necessary for administration...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 April 1999
Procedural Posture
Notice of Motion in Substantive Equity Proceedings / Interlocutory Application and Orders
Outcome
Defendant's application for a stay dismissed; orders made for appointment of trustees for sale, with proceeds to be held pending further order; costs orders as stated.
Legal Topics
['appointment of Trustees for Sale' 'stay of Application Pending Appeal' 'administration of Deceased Estates']
['equity' 'succession'] ['appointment of Trustees for Sale' 'stay of Application Pending Appeal' 'administration of Deceased Estates']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Notice of Motion in Substantive Equity Proceedings / Interlocutory Application and Orders

Legal Issues

  1. 1 ['Whether a stay should be granted on the application to appoint trustees for sale pending appeal of probate decision' 'Whether plaintiff is entitled to appointment of trustees for sale under the Conveyancing Act 1919']

Ratio Decidendi

The defendant's application for a stay is dismissed because the prejudice to the plaintiff in being unable to meet the estate's legal liabilities outweighs the prejudice to the defendant, who has alternative accommodation. The application to appoint trustees for sale is appropriate and necessary for administration of the estate.

Court Disposition

Defendant's application for a stay dismissed; orders made for appointment of trustees for sale, with proceeds to be held pending further order; costs orders as stated.

Orders

  • ["Defendant's notice of motion filed 8 March 1999 dismissed." "Defendant to pay plaintiff's costs of the aforesaid notice of motion." 'Plaintiff granted leave to proceed forthwith to assessment of foregoing costs.' 'Orders made as per short minutes of order dated 16 April 1999.' "Costs of each party of plaintiff's...