Iwankiw v Boord as executrix of the will of the late Roman Iwankiw

The applicant, Iwankiw, filed an application for trial of a preliminary issue against the defendant, Boord, who was the executrix of the late Roman Iwankiw's will. The dispute revolved around an inheritance matter, with Iwankiw seeking a declaration of the terms of the will and the distribution of assets. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the application for trial of a preliminary issue was an abuse of process. Iwankiw argued that the case should proceed to trial, while Boord contended that the application was an improper attempt to circumvent the rules of court and should be dismissed. The court was required to determine whether the application was an abuse of process and, if so, whether it should be dismissed.

The court held that the application for trial of a preliminary issue was an abuse of process. The applicant had failed to demonstrate a legitimate reason for proceeding with the application, and it appeared to be an attempt to delay the proceedings and cause unnecessary expense and inconvenience to the defendant. The court further found that the applicant's arguments were without merit and that there was no genuine issue of law or fact that needed to be resolved before the main trial. As a result, the application was dismissed, and no costs were awarded.