Woodward Estate - Woodward v Woodward [2009] NSWSC 826

Woodward Estate - Woodward v Woodward [2009] NSWSC 826

No good reason appears to delay the interim distribution of the estate in the agreed proportions pending resolution of the issue as to the scope of mutual releases, as the outstanding issue would not diminish the estate.

Source-derived case information.

Parties
Plaintiff: Anthony Wilding Woodward; Defendant: Phillip Ronald Woodward
Jurisdiction
Australia
Judgment Date
17 August 2009
Procedural Posture
Probate / Interim Distribution Application
Outcome
Interim distribution approved. Orders sought in paragraphs 1, 2 and 3 of the Plaintiff's Notice of Motion granted. Question of costs reserved.
Legal Topics
Probate, Interim Distribution, Settlement of Estate, Mutual Releases
Succession Probate Interim Distribution Settlement of Estate Mutual Releases

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Parties

Anthony Wilding Woodward

Plaintiff

Phillip Ronald Woodward

Defendant

Procedural Posture

Probate / Interim Distribution Application

Legal Issues

  1. 1 Whether interim distribution of the estate should proceed pending resolution of scope of mutual releases between co-executors

Ratio Decidendi

No good reason appears to delay the interim distribution of the estate in the agreed proportions pending resolution of the issue as to the scope of mutual releases, as the outstanding issue would not diminish the estate.

Court Disposition

Interim distribution approved. Orders sought in paragraphs 1, 2 and 3 of the Plaintiff's Notice of Motion granted. Question of costs reserved.

Orders

  • Orders made as sought in paragraphs 1, 2 and 3 of the Notice of Motion filed 21 July 2009.
  • Question of costs reserved for further consideration.