Brooks v Young

[2018] SASCFC 17

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

BROOKS & ORS v YOUNG & ORS

[2018] SASCFC 17

Judgment of The Full Court

(The Honourable Chief Justice Kourakis, The Honourable Justice Kelly and The Honourable Justice Bampton)

15 March 2018

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT

EQUITY - GENERAL PRINCIPLES - FIDUCIARY OBLIGATIONS - FIDUCIARY DUTY

Application for permission to appeal against a decision of a single Judge of this Court dismissing a claim for breach of fiduciary duty brought against an executor of a deceased estate for administering the estate before the expiry of the six month limitation period in which a claim for provision can be made.

Held: 

1. The appeal raises the proper construction of ss 8, 9 and 14 of the Inheritance (Family Provision) Act 1972 (SA).

2.  Permission to appeal granted.

Inheritance (Family Provision) Act 1972 (SA) ss 8, 9 and 14, referred to.

BROOKS & ORS v YOUNG & ORS
[2018] SASCFC 17

Full Court:  Kourakis CJ, Kelly & Bampton JJ

1. THE COURT: This is an application for permission to appeal against a summary judgment dismissing a claim for breach of fiduciary duty brought against an executor for administering a deceased estate before the expiry of the six month period in which dependents can bring a testator’s family maintenance claim. The proposed appeal raises the proper construction of ss 8, 9 and 14 of the Inheritance (Family Provision) Act 1972 (SA). Insofar as it is necessary, permission to appeal is granted.