Ross v Gordon

[2024] ACTSC 158

Supreme Court of the ACT23 May 2024

Built by Barristers,
For Australian Law.

1. Estoppel
2. › ISSUE ESTOPPEL
3. › Administration of will
4. › claim that executor is estopped from relying on lack of funds to refuse to pay legacy to plaintiff
5. › issue not raised in previous proceedings before the court
6. › estate’s ability to pay legacy to plaintiff if cheques written by the deceased unenforceable not an issue for determination in previous proceedings
7. › issue not addressed in the court’s reasons
8. › issue estoppel does not arise
1. Estoppel
2. › ANSHUN ESTOPPEL
3. › Administration of will
4. › claim that executor is estopped from relying on lack of funds to refuse to pay legacy to plaintiff
5. › failure to plead lack of funds to pay legacy not unreasonable
6. › pleading not required to address claim in previous proceedings
7. › where costs of previous proceedings influenced estate’s capacity to pay legacies
8. › Anshun estoppel not established
1. Succession
2. › WILLS, PROBATE AND ADMINISTRATION
3. › Entitlement of executor to seek reimbursement of legal fees incurred in administration of estate
4. › statutory entitlement established by Trustee Act 1925 (ACT) and Court Procedures Rules 2006 (ACT)
5. › unnecessary to determine whether legal expenses should be apportioned between the different capacities in which defendant sued

Citation[2024] ACTSC 158

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date23 May 2024

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