6 Mar 2018
Plaintiff lacked legal standing to maintain the claim because he was only a beneficiary and not the personal representative; consequently there was no real prospect of success on appeal and the unexplained, unreasonable delay meant extension of time to appeal was refused; the striking out order was therefore effectively upheld and costs awarded to defendants.
17 Jun 2011
The summons for a representation order was dismissed because the Deceased's alleged beneficial interest was not a matter in question in these proceedings: the substantive claim is a straightforward possession claim against the Defendant in her personal capacity, no relief is sought against the estate, the Defendant's asserted interest in the estate is highly contentious and doubtful (including potential invalidity of her marriage) and she is unsuitable to represent the estate; no prejudice would be caused by refusing joinder and any estate issues are better determined in separate proceedings…
25 Sept 1993
The claim could not proceed in the plaintiff's personal capacity without joining the administratrix because the pleaded wrongs principally concern estate assets and causes of action that vested in the personal representative; conduct before death does not by itself make defendants executors de son tort and the pleaded claim against D1 as executor de son tort failed to disclose reasonable cause of action, therefore the action A5643/91 is stayed for want of proper constitution with liberty to the plaintiff to join the administratrix and to amend the struck out parts within one month.