Mark Gerard Ireland as Executor of the Estate of the late Charles Stuart Gordon v Sandra Jane Retallack & Ors

[2011] NSWSC 846

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. SUCCESSION - wills - construction - manifest intention of testator - effectiveness of gift of property not owned by testator - whether executor armed to make gift effective - duty to executor to give effect to gift where able to do so
1. CORPORATIONS - oppressive conduct - interaction with executor's duty to give effect gift - need for real possibility of oppression before court will invalidate gift
1. CIVIL PROCEDURE - application of Civil Procedure Act 2005 (NSW) to will construction suits - just, quick and cheap resolution of real issues - duty of litigants to assist court to facilitate overriding purpose - duty of legal practitioners to facilitate overriding purpose - whether breach of duty by executor's solicitor
1. COSTS - Section 99 of Civil Procedure Act, 2005 (NSW) - possible disallowance of costs - liability of legal practitioners