Nudd v Mannix

[2010] NSWCA 127

NSW Court of Appeal

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Interrogate

Catchwords

1. Succession
2. › Family provision and maintenance
3. › Enforcement of orders
4. › Estate distributed by executor prior to order being made
5. › Estate retained probably insufficient for costs
6. › What remedy available
7. › What order should be made
8. › Family Provision Act 1982 (NSW), ss 15, 24, 28
1. Succession
2. › Family provision and maintenance
3. › Consequential and ancillary orders
4. › Power to make orders ensuring payment of estate debts as part of giving effect to provision order
5. › Whether separate administration proceedings required
6. › Family Provision Act 1982 (NSW), s 15
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying before entry
4. › Whether UCPR r 36.16(3) restricts power under r 36.16(1) and (2)
5. › Uniform Civil Procedure Rules, r 36.16

Quick Take

The powers under ss 15 and 24 of the Family Provision Act 1982 (NSW) extend to ensuring payment of estate debts (including costs) where such payment is necessary for provision properly to be made, without requiring separate administration proceedings. An applicant's direct claim against beneficiaries who received distributions is limited to amounts that cannot be recovered from the executor. UCPR r 36.16(3) does not restrict the independent powers under r 36.16(1) and (2) to set aside or vary judgments before entry.