Copson v Bonnici [2015] NSWSC 1148

It is appropriate to appoint Mr David Robert Legg as representative of the estate to allow the proceeding to continue, and orders are made by consent under r 7.10.

Jurisdiction: Australia
Judgment Date: 12 August 2015
Procedural Posture: Procedural Ruling / Interlocutory Application by Consent
Outcome: Orders made by consent as outlined in the short minutes; proceeding to continue with representative of the deceased's estate.
Legal Topics: ["appointment of Representative of Deceased's Estate" 'uniform Civil Procedure Rules R 7.10']

['practice and Procedure'] ["appointment of Representative of Deceased's Estate" 'uniform Civil Procedure Rules R 7.10']

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Procedural Posture

Procedural Ruling / Interlocutory Application by Consent

Legal Issues

1 ["Whether an order should be made under r 7.10 of the Uniform Civil Procedure Rules 2005 (NSW) for appointment of a representative of the deceased's estate"]

Ratio Decidendi

It is appropriate to appoint Mr David Robert Legg as representative of the estate to allow the proceeding to continue, and orders are made by consent under r 7.10.

Court Disposition

Orders made by consent as outlined in the short minutes; proceeding to continue with representative of the deceased's estate.

Orders

['Mr David Robert Legg, solicitor, be appointed as the representative of the estate of the late David Charles Bonnici for the purposes of this proceeding.' 'Plaintiff to file and serve, within 7 days, an Amended Statement of Claim naming Mr Legg as defendant and representative.' 'Defendant to serve any lay or expert...