Longstaff v Elliott

[1999] NSWCA 384

CITATION:	LONGSTAFF v ELLIOTT [1999] NSWCA 384
FILE NUMBER(S):	CA 40220/99
HEARING DATE(S):	14 October 1999
JUDGMENT DATE:	14 October 1999
PARTIES :	CLIVE HENDRY LONGSTAFF v MURIEL BETTY ELLIOTT
JUDGMENT OF:	Handley JA; Beazley JA; Fitzgerald JA

LOWER COURT JURISDICTION:	Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S) :	4356/96
LOWER COURT JUDICIAL OFFICER:	Master McLaughlin

COUNSEL:	I G Harrison SC (Appellant) J Wilson (Respondent)
SOLICITORS:	Teece Hodgson & Ward (Appellant) Gordon Garling Moffitt (Respondent)
CATCHWORDS:
DECISION:	Appeal dismissed - orders given

THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40220/99
EQ 4356/96

HANDLEY JA
BEAZLEY JA
FITZGERALD JA

Thursday 14 October 1999

CLIVE HENDRY LONGSTAFF v MURIEL BETTY ELLIOTT

JUDGMENT

1    HANDLEY JA: The Court is of the view that this is a very clear case and that the appeal should be dismissed for the reasons given by the Master. 2    The appellant must pay the respondent’s costs of this appeal. This is not and is not intended to be an order that he is entitled as executor to reimbursement for his own costs or the respondent’s costs out of the estate.