Re Estate Ford; Application for Executor’s Commission [2016] NSWSC 6

Re Estate Ford; Application for Executor’s Commission [2016] NSWSC 6

The deputy registrar's determination of commission and costs was just and reasonable, consistent with governing principles. Apart from an agreed adjustment, no error required interference. The executor's application for review was dismissed, and he was not entitled to further commission or to indemnity from the...

Source-derived case information.

Parties
Plaintiff: Geoffrey Alan Princehorn; Defendant: Ian James Ford; Defendant: Stewart John Ford; Defendant: Narelle Winnetta Lauer; Defendant: Beverley Ann Fewins; Defendant: Winnetta Mavis Ford; Defendant: Susan Mary Stanley; Defendant: Craig James Ford; Defendant: Douglas Alan Ford
Jurisdiction
Australia
Judgment Date
27 January 2016
Procedural Posture
Application for Review of Deputy Registrar's Determination on Executor's Commission and Costs / Final Judgment (application for Review Determined on Written Submissions)
Outcome
Application for review dismissed with an agreed adjustment. Executor to pay respondents' (defendants') costs of application for review personally, without indemnity from the estate.
Legal Topics
Executor's Commission, Assessment of Quantum, Costs, Review of Registrar's Decision, Small Uncomplicated Estate
Wills and Estates Probate Civil Procedure Executor's Commission Assessment of Quantum Costs Review of Registrar's Decision Small Uncomplicated Estate

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Summary, issues, holding and outcome

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Parties

Geoffrey Alan Princehorn

Plaintiff

Ian James Ford

Defendant

Stewart John Ford

Defendant

Narelle Winnetta Lauer

Defendant

Beverley Ann Fewins

Defendant

Winnetta Mavis Ford

Defendant

Susan Mary Stanley

Defendant

Craig James Ford

Defendant

Douglas Alan Ford

Defendant

Procedural Posture

Application for Review of Deputy Registrar's Determination on Executor's Commission and Costs / Final Judgment (application for Review Determined on Written Submissions)

Legal Issues

  1. 1 Whether the executor should be allowed a higher amount of commission than the deputy registrar determined
  2. 2 Who should bear the costs of the application for review
  3. 3 Whether the deputy registrar's determination on commission and costs should be interfered with

Ratio Decidendi

The deputy registrar's determination of commission and costs was just and reasonable, consistent with governing principles. Apart from an agreed adjustment, no error required interference. The executor's application for review was dismissed, and he was not entitled to further commission or to indemnity from the estate for costs incurred in the review.

Court Disposition

Application for review dismissed with an agreed adjustment. Executor to pay respondents' (defendants') costs of application for review personally, without indemnity from the estate.

Orders

  • Order that order 2 of the deputy registrar's orders be varied to allow commission totalling $9,219.97 instead of $7,853.22.
  • Order that the amended notice of motion dated 5 March 2015 otherwise be dismissed.