Laird v Raciti; Laird v Lemming; Falconer v Laird

The Court of Appeal of New South Wales considered appeals by Mr Laird against decisions of the Supreme Court in separate proceedings brought by Mr Raciti and Mr Lemming, and a cross-appeal by Mr Laird against a decision in proceedings brought by Mr Falconer. The underlying dispute concerned the ownership of certain shares in a company.

The primary legal issue before the Court of Appeal was whether the proceedings should be stayed or dismissed due to the death of Mr Laird, who was the appellant in the appeals and the respondent in the cross-appeal. The Court also considered whether the record of appeal should be amended to reflect the death of Mr Laird and the substitution of his executor.

The Court reasoned that the death of a party to an appeal does not automatically abate the appeal. It applied the principles established in *Fawcett v Johnson* (1983) 152 CLR 566, which permit the substitution of a deceased party's legal personal representative. The Court found that there was no question of principle involved in the proposed amendments to the record, and that the appeals and cross-appeal could proceed with the executor substituted as a party.

The Court ordered that the executor of the estate of Mr Laird be substituted as the appellant in the appeals and the respondent in the cross-appeal. The Court also ordered that the record of appeal be amended accordingly.