Lorenz v McGreevy

[2022] QDC 212

DISTRICT COURT OF QUEENSLAND

CITATION: 

Lorenz v McGreevy & Anor [2022] QDC 212

PARTIES:

FIONA FAYE LORENZ AS EXECUTOR OF THE ESTATE OF BADEN MARK JUST

(Applicant)

v

BRENDA MAE MCGREEVY

(First Respondent)

And
PETER MCGREEVY

(Second Respondent)

FILE NO:

D42/19

DIVISION:

Civil

PROCEEDING:

Application for a Direction

ORIGINATING COURT:

District Court at Toowoomba

DELIVERED ON:

21 September 2022

DELIVERED AT:

District Court at Brisbane

HEARING DATE:

31 August 2022

JUDGE:

Loury KC DCJ

ORDER:

1.   The application for a Beddoe Order is dismissed;

2.   The applicant pay the respondents’ costs of that application;

3.   Leave is given to file a further amended claim;

4.   Costs of the application to file a further amended claim are reserved.

CATCHWORDS:

EQUITY – TRUSTS AND TRUSTEES – APPLICATIONS TO COURT FOR ADVICE AND AUTHORITY – JURISDICTION – application to obtain directions from the Court – whether the court has jurisdiction – whether the parties are able to consent to the jurisdiction of the court pursuant to section 72 of the District Court of Queensland Act 1967 (Qld)

LEGISLATION:

District Court of Queensland Act 1967 (Qld) s 68(1)(b)(vii), s 69, s 72

Trusts Act 1973 (Qld) s 96.

CASES:

Fenton-Anderson & Anor v Power & Anor (No 3) [2020] QDC 317
Glassock v The Trust Company (Australia) Pty Ltd [2012] QSC 15
Matelot Holdings Pty Ltd v Gold Coast City Council [1993] 2 Qd R 168
McLean v Burns Philp Trustee Co Pty Ltd (1985) 2 NSWLR 623

Salmi & Anor v Sinivuori & Anor [2008] QSC 321

COUNSEL:

P Travers for the applicant

A Fraser for the respondents

SOLICITORS:

Edgar & Wood Solicitors for the applicant
Murdoch Lawyers for the respondents

1. The Deceased, Baden Just died on 21 March 2018.  He is survived by his four daughters, Ms Fiona Lorenz, the applicant; Ms Brenda McGreevy, the First Respondent; Ms Barbara Thompson; and, Ms Angela Just-McKnight.  He left a last Will dated 1 March 2018 admitted to probate on 3 February 2022 that included the following gifts:

   (1)He left his farm machinery, plant and equipment to the First Respondent and Second Respondent (the First Respondent’s husband);

   (2)He left his 1957 Land Rover to the First and Second Respondent;

   (3)He left a sum of $20,000 to each of the applicant and Ms Angela Just-McKnight;

   (4)He left a sum of $6,000 to Barbara;

   (5)He left the residue of his estate to the applicant, First Respondent and Ms Angela Just-McKnight. 

2. Clause 7 of the Will stated as follows:

   (1)I EXPRESSLY declare that I have dealt with my real property by way of addition of [the First Respondent] and [the Second Respondent] as joint tenants on all lots within my lifetime to enable them to continue their farming operations in the future.  It is not my intention that my other daughters be compensated by [the First Respondent] and [the Second Respondent] or from my estate in addition to their current entitlement for any share for the value of such property. 

3. The applicant is the executor of the Will.…