DJ Singh v DH Singh

The applicant, DJ Singh, sought a stay of an order granting probate of a will pending the hearing of an appeal, and also sought a review of a Registrar's decision regarding practice or procedure. The dispute concerned the administration of the estate of the late Douglas John Singh. The matter came before Gleeson JA in the Court of Appeal of New South Wales.

The primary legal issues were whether the applicant had demonstrated a sufficient basis for discretionary intervention to grant a stay of the probate order, and whether the balance of convenience favoured such a stay. A further issue was whether the applicant had made a proper claim for a full accounting from the executors, and if so, in what forum.

Gleeson JA considered the volume of evidence, which prevented the displacement of the presumption that the appeal was arguable. However, the court found that the balance of convenience did not favour a stay. This was because contracts for the sale of properties forming part of the residue of the estate had either been completed or were close to completion, and granting a stay would likely cause the executors to breach these uncompleted contracts. The court noted that the executors had provided undertakings not to make further distributions or pay legal costs until the appeals were decided, and that any claim for a full accounting should be made within the probate proceedings.

The Court confirmed an order made by the Registrar, dismissed the applicant's amended notice of motion, and ordered the applicant to pay 85 percent of the respondents' costs of the motion.