Bayside Council v Estate of Goodman (No 2) [2021] NSWSC 654

Bayside Council v Estate of Goodman (No 2) [2021] NSWSC 654

The court was satisfied, on evidence and submissions, that judgment should be entered against the estate of Mr Goodman in the absence of a representative, where interested persons had received notice, had an opportunity to apply for representation or orders, and did not appear or apply. Liberty was preserved for any interested person to later apply to set aside or vary the judgment.

Jurisdiction
Australia
Judgment Date
08 June 2021
Procedural Posture
Civil / Judgment – Ex Tempore
Outcome
Judgment entered for the plaintiff in the sum of $3,744,557.64 plus costs.
Legal Topics
['civil Procedure – Representative Order' 'judgment Against Unrepresented Estate' 'liberty to Apply to Set Aside or Vary Judgment' 'deceased Estates – Absence of Grant of Representation']
['equity'] ['civil Procedure – Representative Order' 'judgment Against Unrepresented Estate' 'liberty to Apply to Set Aside or Vary Judgment' 'deceased Estates – Absence of Grant of Representation']

Case Brief

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Procedural Posture

Civil / Judgment – Ex Tempore

Legal Issues

  1. 1 ['Whether judgment can be entered against an unrepresented deceased estate' 'Whether proper notice was given to persons who may have an interest in the estate' 'Entitlement to proceeds of property and funds held in court']

Ratio Decidendi

The court was satisfied, on evidence and submissions, that judgment should be entered against the estate of Mr Goodman in the absence of a representative, where interested persons had received notice, had an opportunity to apply for representation or orders, and did not appear or apply. Liberty was preserved for any interested person to later apply to set aside or vary the judgment.

Court Disposition

Judgment entered for the plaintiff in the sum of $3,744,557.64 plus costs.

Orders

  • ['Judgment entered for the plaintiff against the unrepresented estate of the late Gary William Goodman in the sum of $3,744,557.64 plus costs.' 'Liberty reserved for any person interested in the estate to apply to set aside or vary the judgment.' 'Applications to be made by notice of motion filed and served by 31...