John David Mansour & Anne Khoury, Executors of the Estate of Anthony Hanna Mansour v Joseph Mansour [2013] NSWSC 1216

John David Mansour & Anne Khoury, Executors of the Estate of Anthony Hanna Mansour v Joseph Mansour [2013] NSWSC 1216

The Defence contained only assertions of conflict of interest and fraudulent obtaining of the trust, and those matters, even as explained by the Defendant, did not disclose any defence to the trustees' claim for possession of the property. The Defence was therefore struck out, but the Defendant was given one further opportunity to plead a proper defence.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Interlocutory Applications / Application Concerning Strike Out of Defence and Directions
Outcome
Defence struck out with leave to file and serve any further defence; costs reserved; matter stood over for directions.
Legal Topics
['possession of Land' 'administration of Estate' 'residuary Beneficiaries' 'strike Out of Defence' 'leave to Re Plead']
['real Property' 'trusts and Estates' 'civil Procedure'] ['possession of Land' 'administration of Estate' 'residuary Beneficiaries' 'strike Out of Defence' 'leave to Re Plead']

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Procedural Posture

Interlocutory Applications / Application Concerning Strike Out of Defence and Directions

Legal Issues

  1. 1 ["Whether the Defence filed 24 July 2013 disclosed any defence to the trustees' claim for possession of the property." 'Whether the Defence should be struck out and whether the Defendant should be given leave to file a further defence.']

Ratio Decidendi

The Defence contained only assertions of conflict of interest and fraudulent obtaining of the trust, and those matters, even as explained by the Defendant, did not disclose any defence to the trustees' claim for possession of the property. The Defence was therefore struck out, but the Defendant was given one further opportunity to plead a proper defence.

Court Disposition

Defence struck out with leave to file and serve any further defence; costs reserved; matter stood over for directions.

Orders

  • ['The Defence filed 24 July 2013 is struck out.' 'Any further defence is to be filed and served by 6 September 2013.' 'Reserve costs.' 'Stood over to 9 September 2013 for directions.']