Carter v Law (No 2) [2017] NSWSC 1229

Carter v Law (No 2) [2017] NSWSC 1229

The evidence does not establish on the balance of probabilities that any specific item of jewellery of the Testatrix is in the possession of Ms Carter. There is also no evidence of value of any such item. Therefore, there is no warrant for further stay or substantive hearing, and the previous orders should take effect.

Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Equity / Post Hearing, Orders Following Stay and Further Evidence
Outcome
Stay extended to 5 September 2017, orders 1 and 2 of 11 July 2017 confirmed and take effect
Legal Topics
['executors and Administrators' 'proceedings Against Executors and Administrators']
['succession'] ['executors and Administrators' 'proceedings Against Executors and Administrators']

Case Brief

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Procedural Posture

Equity / Post Hearing, Orders Following Stay and Further Evidence

Legal Issues

  1. 1 ['Whether the Executors have established that Ms Carter possesses identifiable jewellery of the Testatrix' 'Whether the stay of previous orders should be extended']

Ratio Decidendi

The evidence does not establish on the balance of probabilities that any specific item of jewellery of the Testatrix is in the possession of Ms Carter. There is also no evidence of value of any such item. Therefore, there is no warrant for further stay or substantive hearing, and the previous orders should take effect.

Court Disposition

Stay extended to 5 September 2017, orders 1 and 2 of 11 July 2017 confirmed and take effect

Orders

  • ['Extend the stay ordered on 11 July 2017 to 5 September 2017.' 'Confirm orders 1 and 2 made on 11 July 2017.']