Estate Grundy; La Valette v Chambers-Grundy [2018] NSWSC 104

Estate Grundy; La Valette v Chambers-Grundy [2018] NSWSC 104

Absent reasonable grounds for dispensation, the administrator of a deceased estate must disclose information regarding the property and transactions of the deceased, including those outside NSW, in family provision proceedings, notwithstanding the Court's orders are limited to property in NSW. The application for a suppression order over non-dispositive provisions of the will fails as no ground, on the facts or law, outweighs the public interest in open justice.

Parties
Plaintiff: Viola La Valette; First Defendant: Carolyn Joy Chambers-Grundy; Second Defendant: Artworld Limited; Third Defendant: RG Properties (Australia) Pty Limited ACN 001 016 146
Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Family Provision/ Succession (equity) / Interlocutory Applications/case Management; Orders for Further Affidavit and Subpoenas, Suppression Order Application
Outcome
Plaintiff substantially successful on applications; Defendants' suppression order application and related motions dismissed; orders for further disclosure and procedural directions made.
Legal Topics
Family Provision, Grant of Probate, Disclosure Obligations of Estate Administrators, Suppression and Non Publication Orders, Practice Note SC Eq 7, Testamentary Capacity, Notional Estate, Case Management
Succession Law Equity Civil Procedure Family Provision Grant of Probate Disclosure Obligations of Estate Administrators Suppression and Non Publication Orders Practice Note SC Eq 7 +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 46 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Viola La Valette

Plaintiff

Carolyn Joy Chambers-Grundy

First Defendant

Artworld Limited

Second Defendant

RG Properties (Australia) Pty Limited ACN 001 016 146

Third Defendant

Procedural Posture

Family Provision/ Succession (equity) / Interlocutory Applications/case Management; Orders for Further Affidavit and Subpoenas, Suppression Order Application

Legal Issues

  1. 1 Whether the administrator of a deceased estate must disclose property and transactions outside NSW for family provision proceedings limited to NSW property;
  2. 2 Whether a suppression order should be granted over non-dispositive provisions of the deceased's will

Ratio Decidendi

Absent reasonable grounds for dispensation, the administrator of a deceased estate must disclose information regarding the property and transactions of the deceased, including those outside NSW, in family provision proceedings, notwithstanding the Court's orders are limited to property in NSW. The application for a suppression order over non-dispositive provisions of the will fails as no ground, on the facts or law, outweighs the public interest in open justice.

Court Disposition

Plaintiff substantially successful on applications; Defendants' suppression order application and related motions dismissed; orders for further disclosure and procedural directions made.

Orders

  • Probate of the will dated 21 January 2011 of Reginald Roy Grundy granted to the first defendant in common form.
  • First defendant to lodge original will with Registry.