Caldar v Public Trustee & Ors

[2003] NSWCA 187

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Competency of appeal
3. › Interlocutory or final order
4. › Refusal to set aside grant of administration in common form
5. › Whether interlocutory
6. › Supreme Court Act (NSW), s 101(2)(e)
1. Succession Law
2. › Probate and Administration
3. › Grant of administration in common form
4. › Nature of grant
5. › Whether final or interlocutory judgment
6. › Revocation of grant
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Orders as to costs
5. › Restoration of caveat
6. › Supreme Court Act (NSW), s 101(2)(c), (e)

Quick Take

A grant of administration in common form is interlocutory in nature, being analogous to a default judgment. An order refusing to revoke such a grant is therefore interlocutory for the purposes of s 101(2)(e) of the Supreme Court Act (NSW), and an appeal lies only by leave of the Court of Appeal.