KELLY & KELLY

This matter concerned an application for property settlement. The Applicant Husband died during the proceedings, and Kim Fiona Rowley, as Executrix of his Will, sought and was granted leave to be joined as an intervener in the proceeding.

The primary legal issue before the court was whether the intervener, representing the deceased husband's estate, should be permitted to discontinue the application for property settlement that had been filed by the husband prior to his death.

The court noted the death of the applicant husband and, having granted leave for the executrix to be added as an intervener, accepted the intervener's request to discontinue the property settlement application. The court made no order for costs.