Jans v Public Trustee [2002] NSWSC 628

Jans v Public Trustee [2002] NSWSC 628

The court exercised its discretion to modify the forfeiture rule under the Forfeiture Act 1995, considering the conduct of the parties, financial circumstances of the offender, and the consent of the affected beneficiaries, and granted leave to apply outside the statutory period.

Parties
Plaintiff: Gunter Detlef Jans; Defendant: Public Trustee
Jurisdiction
Australia
Judgment Date
02 July 2002
Procedural Posture
Application Under Forfeiture Act 1995 / Judgment
Outcome
Forfeiture rule modified; leave to apply outside statutory period granted
Legal Topics
Forfeiture Rule Modification, Executors and Administrators
Succession Forfeiture Rule Modification Executors and Administrators

Case Brief

Summary, issues, holding and outcome

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Parties

Gunter Detlef Jans

Plaintiff

Public Trustee

Defendant

Procedural Posture

Application Under Forfeiture Act 1995 / Judgment

Legal Issues

  1. 1 Whether the forfeiture rule should be modified under the Forfeiture Act 1995
  2. 2 Whether leave should be granted to apply outside the twelve month statutory period

Ratio Decidendi

The court exercised its discretion to modify the forfeiture rule under the Forfeiture Act 1995, considering the conduct of the parties, financial circumstances of the offender, and the consent of the affected beneficiaries, and granted leave to apply outside the statutory period.

Court Disposition

Forfeiture rule modified; leave to apply outside statutory period granted

Orders

  • Leave granted to plaintiff to apply for relief under Forfeiture Act 1995 outside twelve month period
  • Time for application extended to 1 June 2001