Elga Steinecke (bht Robert John Gardos) v Peter Martin Wayne, Diana Lindner, Beate Stricker, Gerhard Levy; Re Estate of Henry Herbert Stricker& Karl Heinz Lindner

[2011] NSWSC 428

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PRACTICE AND PROCEDURE - plaintiff under legal incapacity - general rule encapsulated by UCPR 7.10 that persons under legal incapacity cannot bring proceedings except by tutor - not appropriate to dispense with rule to ensure litigation carried on by responsible person - whether Powers of Attorney Act allows attorneys under power to commence proceedings in name of principal - proceedings must be brought in name of principal not attorney - tutor appointed.
1. PRACTICE AND PROCEDURE - estate of deceased person has interest in proceedings - estate not represented - whether proceedings should be continued in absence of representative under UCPR 7.10(2) - no interest or claim by other person - potential beneficiaries submitted or taken to submit to relief sought - effect of order to convert real property to cash - s66G orders made almost as of right - plaintiff's interest in property is 75% - held: proceedings may continue.
1. REAL PROPERTY - application for appointment of trustees for sale of property - orders made almost as of right - practice of court to require verification of consent of trustees - practice of court to require affidavit of fitness of trustees - requirements satisfied - s66G orders made.

Citation[2011] NSWSC 428

CourtNSWSC

JurisdictionNew South Wales

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