Geerlings v O’Keefe [2015] NSWSC 1657

Geerlings v O’Keefe [2015] NSWSC 1657

Because Cardinal Freeman's estate had an interest in the proceedings and was not represented, Dr Gleeson consented to act as representative, the Archdiocese had indemnified the estate and authorised him to defend the proceedings and meet any damages or costs, and the order was consistent with s 56 of the Civil Procedure Act 2005 (NSW), the Court appointed him under UCPR 7.10(2)(b).

Jurisdiction
Australia
Judgment Date
09 November 2015
Procedural Posture
Common Law Proceedings; Procedural Notice of Motion / Reasons for Orders Made on 4 November 2015 Appointing a Representative of a Deceased Defendant's Estate
Outcome
Motion granted; representative of the deceased estate appointed.
Legal Topics
["appointment of Representative for Deceased Person's Estate" 'uniform Civil Procedure Rules 2005 (nsw) R 7.10' 'overriding Purpose' 'chain of Representation' 'negligence' 'vicarious Liability']
['civil Procedure' 'common Law'] ["appointment of Representative for Deceased Person's Estate" 'uniform Civil Procedure Rules 2005 (nsw) R 7.10' 'overriding Purpose' 'chain of Representation' 'negligence' 'vicarious Liability']

Case Brief

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Procedural Posture

Common Law Proceedings; Procedural Notice of Motion / Reasons for Orders Made on 4 November 2015 Appointing a Representative of a Deceased Defendant's Estate

Legal Issues

  1. 1 ['Whether the Court should appoint Dr Gerald Gleeson under UCPR 7.10(2)(b) to represent the estate of the late Cardinal James Darcy Freeman for the purposes of the proceedings.' "Whether the evidence showed that the deceased person's estate had an interest in the proceedings but was not represented, and that the proposed appointment was consented to and consistent with the overriding purpose in s 56 of the Civil Procedure Act 2005 (NSW)."]

Ratio Decidendi

Because Cardinal Freeman's estate had an interest in the proceedings and was not represented, Dr Gleeson consented to act as representative, the Archdiocese had indemnified the estate and authorised him to defend the proceedings and meet any damages or costs, and the order was consistent with s 56 of the Civil Procedure Act 2005 (NSW), the Court appointed him under UCPR 7.10(2)(b).

Court Disposition

Motion granted; representative of the deceased estate appointed.

Orders

  • ['Pursuant to UCPR 7.10(2)(b), the Court appoints the Very Reverend Dr Gerald Gleeson, Vicar General of the Catholic Archdiocese of Sydney, to represent the estate of the late Cardinal James Darcy Freeman for the purposes of these proceedings.']