Albany and Albany

In the matter of *Albany and Albany*, the applicant, MS F, sought to be substituted as a party to the proceedings in her capacity as the legal personal representative of her deceased husband, who was the respondent in the original proceedings. The court was therefore required to determine whether to grant this substitution.

The central legal issue before the court was the appropriate procedure for substituting a deceased party in ongoing litigation. This involved considering the rules of court governing such applications and the principles of justice that underpin the continuation of legal proceedings following the death of a party.

Johns J ordered that MS F be substituted for the deceased husband as a party to the proceedings. This decision reflects the court's power to ensure that legal matters can continue to be resolved even after the death of a party, by allowing their legal personal representative to step in. All extant applications were subsequently listed for mention before the Honourable Justice Johns on 12 June 2014.