Dresler v Mrish [1999] NSWSC 316

Dresler v Mrish [1999] NSWSC 316

The application to represent the estate generally was in substance identical to an application determined on 26 March 1999, and there had otherwise been no change in circumstances except the grant of Letters of Administration. However, because it now appeared that the Orange property claimed as an estate asset was also the subject of the plaintiff's claim, Donna Marie Mrish should be permitted to participate only in relation to the assets referred to in item 1(b) and item 4 of the inventory, but not otherwise. The application to vacate the hearing date was refused.

Jurisdiction
Australia
Judgment Date
08 April 1999
Procedural Posture
Equity Division Proceedings by Summons, With Statement of Claim; Notice of Motion / Interlocutory Application on Notice of Motion Filed 8 April 1999
Outcome
Application allowed in part; hearing not vacated; Donna Marie Mrish's participation limited to specified assets; costs of the notice of motion to be the plaintiff's costs in the proceedings.
Legal Topics
['summary Judgment Proceedings' "representation of Deceased Defendant's Estate" 'vacating Hearing Date' 'participation in Proceedings Limited to Estate Assets' 'costs of Notice of Motion']
['equity' 'civil Procedure' 'estates'] ['summary Judgment Proceedings' "representation of Deceased Defendant's Estate" 'vacating Hearing Date' 'participation in Proceedings Limited to Estate Assets' 'costs of Notice of Motion']

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Procedural Posture

Equity Division Proceedings by Summons, With Statement of Claim; Notice of Motion / Interlocutory Application on Notice of Motion Filed 8 April 1999

Legal Issues

  1. 1 ['Whether the hearing fixed for 8 April 1999 should be vacated.' 'Whether Donna Marie Mrish should be appointed or permitted to represent the estate of the deceased first defendant, George Mrish, for the purposes of the proceedings.' 'Whether any permission for Donna Marie Mrish to participate should extend to the Orange property at 55 Dalton Street, Orange.']

Ratio Decidendi

The application to represent the estate generally was in substance identical to an application determined on 26 March 1999, and there had otherwise been no change in circumstances except the grant of Letters of Administration. However, because it now appeared that the Orange property claimed as an estate asset was also the subject of the plaintiff's claim, Donna Marie Mrish should be permitted to participate only in relation to the assets referred to in item 1(b) and item 4 of the inventory, but not otherwise. The application to vacate the hearing date was refused.

Court Disposition

Application allowed in part; hearing not vacated; Donna Marie Mrish's participation limited to specified assets; costs of the notice of motion to be the plaintiff's costs in the proceedings.

Orders

  • ['The order made on 26 March 1999 be varied by substituting for the words "the asset referred to in item 4" the words "the assets referred to in item 1(b) and item 4".' 'The costs of the notice of motion filed by the applicant, Donna Marie Mrish on 8 April 1999 be the costs of the plaintiff in the proceedings.']