PROCEDURE — parties — identity of proper defendant — claim for possession of land for mortgage default — mortgagor dies after default and before proceedings commenced — deceased dies leaving will appointing Public Trustee as executor — no representation in the deceased estate — whether NSW Trustee and Guardian is proper defendant — s 61 Probate and Administration Act — persons interested in the estate — whether ancillary orders should be made giving notice of proceedings
Case Details
Citation[2013] NSWSC 973
CourtNSWSC
JurisdictionNew South Wales
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