Hand Estate - Cummins v Hand & Anor [2009] NSWSC 939

Hand Estate - Cummins v Hand & Anor [2009] NSWSC 939

Because the parties' solicitors and the witnesses were principally located in Queensland or Tweed Heads, the estate was modest, and there was no demonstrated substantive or procedural advantage in either forum, it was more likely than not that cost and delay would be less if the proceedings were heard in the Supreme Court of Queensland; it was therefore in the interests of justice to make a cross-vesting order.

Jurisdiction
Australia
Judgment Date
07 September 2009
Procedural Posture
Probate Proceedings and Cross Vesting Application / Notice of Motion Seeking Transfer of New South Wales Proceedings to the Supreme Court of Queensland, Alternatively a Stay
Outcome
Cross-vesting order made.
Legal Topics
['cross Vesting' 'more Appropriate Forum' 'probate in Solemn Form' 'testamentary Capacity' 'undue Influence' 'family Provision']
['civil Procedure' 'probate and Succession'] ['cross Vesting' 'more Appropriate Forum' 'probate in Solemn Form' 'testamentary Capacity' 'undue Influence' 'family Provision']

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Procedural Posture

Probate Proceedings and Cross Vesting Application / Notice of Motion Seeking Transfer of New South Wales Proceedings to the Supreme Court of Queensland, Alternatively a Stay

Legal Issues

  1. 1 ['Whether the New South Wales Supreme Court or the Supreme Court of Queensland was the more appropriate forum to determine the litigation under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).' 'Whether cost and convenience justified transferring the New South Wales proceedings to Queensland.']

Ratio Decidendi

Because the parties' solicitors and the witnesses were principally located in Queensland or Tweed Heads, the estate was modest, and there was no demonstrated substantive or procedural advantage in either forum, it was more likely than not that cost and delay would be less if the proceedings were heard in the Supreme Court of Queensland; it was therefore in the interests of justice to make a cross-vesting order.

Court Disposition

Cross-vesting order made.

Orders

  • ['Order 1 as sought in the Notice of Motion made, transferring the New South Wales proceedings to the Supreme Court of Queensland.' 'The costs of the motion will be costs in the cause.']