Tyrell v Nankervis; Hodgson v Nankervis [2008] NSWSC 378

Tyrell v Nankervis; Hodgson v Nankervis [2008] NSWSC 378

Mediation can proceed on the basis of the existing probate valuations without incurring the expense and delay of obtaining fresh valuations, as there is unlikely to be a material difference.

Parties
Plaintiff: Delree Jane Tyrell; Plaintiff: Shelley Anne Hodgson; Defendant: Ian Arthur Nankervis; Defendant: Graham Edward Costello
Jurisdiction
Australia
Judgment Date
22 April 2008
Procedural Posture
Application / Interlocutory
Outcome
Application dismissed.
Legal Topics
Mediation, Fresh Valuations, Family Provision Act 1982
Procedure Mediation Fresh Valuations Family Provision Act 1982

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Parties

Delree Jane Tyrell

Plaintiff

Shelley Anne Hodgson

Plaintiff

Ian Arthur Nankervis

Defendant

Graham Edward Costello

Defendant

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether there should be further valuations of two substantial rural properties before mediation takes place in Family Provision Act proceedings

Ratio Decidendi

Mediation can proceed on the basis of the existing probate valuations without incurring the expense and delay of obtaining fresh valuations, as there is unlikely to be a material difference.

Court Disposition

Application dismissed.

Orders

  • Application for order for fresh valuations of properties before mediation is dismissed.