Anderson v Hassett [2006] NSWSC 1058

Anderson v Hassett [2006] NSWSC 1058

The notice of motion was dismissed because the requested relief was misconceived: release from the implied undertaking was premature absent any complaint or proceedings before the Law Society or Legal Services Commissioner; transferring the remaining estate asset before the account was taken could prejudice any reimbursement due to the defendant; an order to comply with existing orders was inappropriate where Windeyer J's orders already stood; and the proposed further accounting order was already comprised in those earlier orders.

Jurisdiction
Australia
Judgment Date
03 October 2006
Procedural Posture
Notice of Motion in Equity Division Proceedings Concerning an Account of a Deceased Estate / Application for Further Orders Following Orders Made on 21 June 2006 for the Taking of an Account
Outcome
Application dismissed.
Legal Topics
['perfection of Judgments' 'orders for the Taking of an Account' 'implied Undertaking as to Subpoenaed Documents' 'transfer of Estate Property Before Taking of Account' 'compliance With Existing Court Orders']
['civil Procedure' 'equity' 'probate and Deceased Estates' 'legal Profession'] ['perfection of Judgments' 'orders for the Taking of an Account' 'implied Undertaking as to Subpoenaed Documents' 'transfer of Estate Property Before Taking of Account' 'compliance With Existing Court Orders']

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Procedural Posture

Notice of Motion in Equity Division Proceedings Concerning an Account of a Deceased Estate / Application for Further Orders Following Orders Made on 21 June 2006 for the Taking of an Account

Legal Issues

  1. 1 ['Whether the plaintiff should be released from the implied undertaking to provide subpoenaed documents and pleadings to the Law Society of New South Wales and the Legal Services Commissioner where no proceedings or complaint were before those bodies.' 'Whether the remaining estate asset should be transferred to the beneficiaries before the Registrar had taken the ordered account.' 'Whether the Court should make an order requiring the defendant to comply with earlier orders made by Windeyer J.' 'Whether a further order was required for the defendant to account for money advanced by Community First Credit Union Ltd secured over the property.']

Ratio Decidendi

The notice of motion was dismissed because the requested relief was misconceived: release from the implied undertaking was premature absent any complaint or proceedings before the Law Society or Legal Services Commissioner; transferring the remaining estate asset before the account was taken could prejudice any reimbursement due to the defendant; an order to comply with existing orders was inappropriate where Windeyer J's orders already stood; and the proposed further accounting order was already comprised in those earlier orders.

Court Disposition

Application dismissed.

Orders

  • ['The notice of motion is dismissed.']