Lanigan v Price (No. 2)

Case [2020] NSWSC 1518


Supreme Court


New South Wales

Medium Neutral Citation: The Estate of Wendy Gwynne Price; Lanigan v Price (No. 2) [2020] NSWSC 1518
Hearing dates: 10 and 18 December 2019 and 20 March 2020; post hearing written submissions finalised on 9 June 2020. Parties asked the Court not to deliver judgment whilst settlement negotiations proceeded.
Date of orders: 30 October 2020
Decision date: 30 October 2020
Jurisdiction:Equity
Before: Slattery J
Decision:

The parties are directed to bring in short minutes of order to give effect to these reasons.

Catchwords:

SUCESSION – administration of estates – plaintiffs are executors of an estate – defendant is a beneficiary – dispute concerning the administration of the estate settled in October 2018 by terms of settlement incorporated into orders of the court – defendant alleges that the plaintiffs have not sold certain estate real property in conformity with those orders, nor that they have provided him with the opportunity to purchase other estate real property in accordance with those orders – attempts made to give effect to the October 2018 terms of settlement – whether the plaintiff executors have failed to perform their duty to administer the estate according to law.

Legislation Cited:

Civil Procedure Act 2005

Conveyancing Act1919, ss 145, 145(1)

Succession Act 2006, ss 59, 66, 66(1)

Trustee Act 1925, s 63

Uncollected Goods Act 1991

Cases Cited:

Apollo Shower Screens Pty Ltd v. Building and Construction Industry Long Service Payments Corporation (1985) 1 NSWLR 561

Drummond v Drummond [1999] NSWSC 923

Glenda Phillips v James Phillips; John Matthew Phillips by his Tutor NSW Trustee &

Guardian v James Phillips (No 3) [2017] NSWSC 409

Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112

Marinchek v Cabport Pty Ltd [2010] NSWCA 334

Mohamed v Farah [2004] NSWSC 482

National Trustees Executors & Agency Co of Australasia Ltd v Barnes (1941) 64 CLR 268

Nobarani v Mariconte (No 2) (2018) 360 ALR 390

Nolan v Collie [2003] 7 VR 287; [2003] VSCA 39

Re Jones; Christmas v Jones [1897] 2 Ch 190

Taylor v. Johnson (1983) 151 CLR 422

The Estate of Wendy Gwynne Price [2020] NSWSC 782Vacuum Oil Co Pty Ltd v Wiltshire (1945) 72 CLR 319

Texts Cited:

GE Dal Point, Equity and Trusts in Australia (Thomson Reuters, 7th ed, 2019) 682-3 [23.135]

Mason & Handler, Succession Law and Practice NSW (LexisNexis, 2020) at [6089]

Category:Consequential orders (other than Costs)
Parties:

Plaintiff: Kerri-Anne Lanigan
Second plaintiff: Ian Barry Smart

Defendant: Matthew Ian Price
Representation:

Counsel:
Plaintiffs: M. Foran
Defendant: C.F. Hodgson

Solicitors:
Plaintiffs: M. Coffey, Gells Lawyers
Defendant: M. Ross-Maranik, Keypoint Law
File Number(s): 2015/29454
Publication restriction: No

Judgment

  1. This is the Court’s second judgment in these proceedings. The Court gave its first judgment on 23 June 2020: The Estate of Wendy Gwynne Price [2020] NSWSC 782. In that judgment the Court declined to extend an injunction that had restrained the plaintiffs, the executors of an estate, from selling certain real…

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AGLC
Lanigan v Price (No. 2) [2020] NSWSC 1518
Case
[2020] NSWSC 1518
Decision Date

CaseChat Overview and Summary

The plaintiffs, as executors of an estate, faced allegations from the defendant, a beneficiary, regarding the administration of the estate. The dispute centred on whether the plaintiffs had complied with the terms of settlement, which were incorporated into court orders in October 2018. The defendant claimed that the plaintiffs had not sold certain real property in accordance with those orders and had not given him the opportunity to purchase other real property as stipulated. The crux of the matter was whether the plaintiffs had failed in their duty to administer the estate according to the law.

The legal issues before the court involved the interpretation and enforcement of the terms of settlement and the associated court orders. The court had to determine whether the plaintiffs had indeed breached their duties by not selling the real property in the manner prescribed and by not offering the defendant the opportunity to purchase other property as agreed. The court's role was to examine the plaintiffs' actions against the clear directives set out in the court orders and to decide whether any breaches had occurred.

The court found that the plaintiffs had attempted to implement the terms of settlement but had not fully complied with the specific requirements regarding the sale of real property. The plaintiffs had not offered the defendant the opportunity to purchase other property as agreed, which constituted a breach of their duties. The court emphasised that executors must strictly adhere to the terms of settlement and court orders to ensure the proper administration of an estate. Consequently, the court ruled in favour of the defendant, finding that the plaintiffs had failed to perform their duties as executors according to law. The court issued orders to ensure that the terms of settlement would be properly enforced, including the sale of the real property and the offer to the defendant to purchase other property as stipulated.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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