Estate of Nitopi (No 3)

[2021] NSWSC 1136

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Succession
2. › executors and administrators
3. › application for removal of executor
4. › executor charged with criminal offences
5. › executor has no financial interest in the estate
6. › plaintiff has a direct pecuniary interest in the estate and has pursued a successful claim on behalf of the estate
7. › executor removed and replaced as administrator by plaintiff
1. Judgments and Orders
2. › form of final orders to give effect to principal judgment
3. › interest
4. › defendant found liable to repay six payments received by deceased prior to his death
5. › whether statutory interest should run from the date of each payment or from the date the judgment is entered
1. Costs
2. › party/party
3. › scope of costs order where plaintiff only partially successful
4. › whether part of the costs should be awarded on an indemnity basis due to an offer of compromise made prior to the trial

Citation[2021] NSWSC 1136

CourtNSWSC

JurisdictionNew South Wales

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