Buckman v Rose-Rapmund [2015] NSWSC 311

Buckman v Rose-Rapmund [2015] NSWSC 311

There was no evidence that Jean's solicitor knowingly misled the Court or that Walter's lack of consent was withheld from the Court. So far as Mr Pellandine was concerned, he was dealing at arm's length with Walter's solicitor, and there is no evidential basis to find knowledge of lack of consent. There was no basis to set aside the 7 July 2014 orders.

Jurisdiction
Australia
Judgment Date
20 March 2015
Procedural Posture
Application to Set Aside Orders in Administration Proceedings / Ex Tempore Judgment After Hearing of Summons and Notice of Motion
Outcome
Summons and notice of motion dismissed; costs awarded against Walter
Legal Topics
['setting Aside Judgments and Orders' 'letters of Administration' 'intestacy' 'submissions and Consent to Court Orders']
['civil Procedure' 'succession Law'] ['setting Aside Judgments and Orders' 'letters of Administration' 'intestacy' 'submissions and Consent to Court Orders']

Case Brief

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Procedural Posture

Application to Set Aside Orders in Administration Proceedings / Ex Tempore Judgment After Hearing of Summons and Notice of Motion

Legal Issues

  1. 1 ["Whether orders granting letters of administration and liberty to administer should be set aside for lack of consent by a party and alleged knowledge of that lack of consent by the applicant's solicitor" 'Whether application to set aside for fraud or irregularity must be brought by separate action']

Ratio Decidendi

There was no evidence that Jean's solicitor knowingly misled the Court or that Walter's lack of consent was withheld from the Court. So far as Mr Pellandine was concerned, he was dealing at arm's length with Walter's solicitor, and there is no evidential basis to find knowledge of lack of consent. There was no basis to set aside the 7 July 2014 orders.

Court Disposition

Summons and notice of motion dismissed; costs awarded against Walter

Orders

  • ['Notice of motion of 18 September 2014 in the Administration Proceedings dismissed' 'Summons in these proceedings dismissed' "In the Administration Proceedings, Walter pay Jean's costs of the notice of motion of 18 September 2014" "In these proceedings, Walter pay Jean's costs" 'Proceedings stood over for...