In Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd [2018] NSWCA 336, a company, which had filed a summons seeking leave to appeal from a decision dismissing its application to set aside a creditor’s statutory demand, sought an order…
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Section 459F(2)(a)(i) extension of time for compliance with statutory demand after application to set aside demand dismissed
Posted in Brief notes
Enforcement of family provision orders – executor ordered to personally pay an elderly widow’s costs of the proceedings on the indemnity basis
In Epov v Epov [2018] NSWSC 1819, a case in which proceedings were brought by a very elderly widow to enforce family provision orders that she receive a legacy from the estate of her deceased husband, the Supreme Court of…
Posted in Brief notes
Estoppel cannot extend the time limitation in s 459G(2)
The New South Wales Court of Appeal in Chief Commissioner of State Revenue v Boss Constructions (NSW) Pty Ltd [2018] NSWCA 270 has found that an estoppel cannot operate to effectively extend the time limitation imposed by s 459G(2) of…
Posted in Brief notes
Lost trust deeds – trustee obtains judicial advice to manage the trusts in accordance with facsimile deeds
The Supreme Court of New South Wales in In the application of Brailey Holdings Pty Limited ACN 001 190 441 [2018] NSWSC 1493 has granted judicial advice that a trustee was justified in managing and administering two family trusts in…
Posted in Brief notes
Court of Appeal finds option to purchase land was not validly exercised
The New South Wales Court of Appeal in Hagerty v Hills Central Pty Ltd [2018] NSWCA 200 has overturned Slattery J’s decision that an option for the purchase of land was validly exercised in circumstances where the grantee of the…
Posted in Brief notes
