Dresler v Mrish [1999] NSWSC 249

Dresler v Mrish [1999] NSWSC 249

Donna Marie Mrish should be permitted to represent the interests of the first defendant's estate only in relation to item 4 of the inventory of property; otherwise, she should not participate.

Parties
Plaintiff: Mark Oliver Dresler; First Defendant: George Mrish; Second Defendant: Lawhouse Pty Limited; Third Defendant: Registrar General
Jurisdiction
Australia
Judgment Date
26 March 1999
Procedural Posture
Civil / Interlocutory Motion
Outcome
limited substitution and participation granted
Legal Topics
Estate Administration, Substitution of Parties, Representation of Deceased's Estate
Equity Estate Administration Substitution of Parties Representation of Deceased's Estate

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Parties

Mark Oliver Dresler

Plaintiff

George Mrish

First Defendant

Lawhouse Pty Limited

Second Defendant

Registrar General

Third Defendant

Procedural Posture

Civil / Interlocutory Motion

Legal Issues

  1. 1 Whether Donna Marie Mrish should be substituted as the representative of the deceased first defendant's estate and permitted to participate in the substantive proceedings.

Ratio Decidendi

Donna Marie Mrish should be permitted to represent the interests of the first defendant's estate only in relation to item 4 of the inventory of property; otherwise, she should not participate.

Court Disposition

limited substitution and participation granted

Orders

  • The applicant, Donna Marie Mrish, is permitted to represent the interests of the first defendant, now deceased, in relation to any claim by the plaintiff against the asset referred to in item 4 of the inventory of property annexure C to the affidavit of Philip James Beazley sworn 26 March 1999, but is not otherwise...