Re Hill; Nanschild v Hill - [2020] QSC 148

SUPREME COURT OF QUEENSLAND

CITATION:

Re Hill; Nanschild v Hill [2020] QSC 148

PARTIES:

In proceeding BS No 5626/19

IN THE WILL OF STANLEY GORDON HILL

DEBORAH LEA NANSCHILD and VICKI JOY HILL (AS EXECUTORS OF THE ESTATE OF STANLEY GORDON HILL)
(Applicants)

v

BRENTON SHANE HILL

(Respondent)

In proceeding BS No 10296/19

DEBORAH LEA NANSCHILD
(Applicant)
v
BRENTON SHANE HILL

(Respondent)

FILE NO/S:

BS No 5626 of 2019 and BS No 10296 of 2019

DIVISION:

Trial Division

PROCEEDING:

Applications

DELIVERED ON:

1 June 2020

DELIVERED AT:

Brisbane

HEARING DATE:

19 and 28 May 2020

JUDGE:

Bowskill J

ORDERS:

In proceeding BS No 5626 of 2019:

1.       The application filed by Mr Brenton Hill on 6 April 2020 is dismissed.

2.       The executors, Ms Deborah Nanschild and Ms Vicki Hill, finally distribute the remaining funds in the estate as follows:

(a)     By paying, or causing to be paid, equal amounts of $11,050.15 to each of Ms Deborah Lea Nanschild, Ms Vicki Joy Hill and Mr Brenton Shane Hill, within seven days of the date of this order.

(b)     The amount of $11,050.15 payable to Mr Brenton Hill is to be paid by direct deposit into the following bank account: [details redacted for privacy reasons].

(c)     The executors have liberty to apply to the Court, in the event of any inability to transfer the funds to Mr Hill.

3.       These orders are the final orders in relation to proceeding BS 5626/19.

4.       Mr Brenton Shane Hill is restrained from making any further applications in proceeding BS 5626/19, or commencing any new proceedings in the Trial Division of this Court or in the District Court of Queensland or in the Queensland Civil and Administrative Tribunal against Ms Deborah Lea Nanschild and/or Ms Vicki Joy Hill, either personally or in their capacity as the executors of the will of their late father, Mr Stanley Gordon Hill, in relation to the administration of the financial affairs of the late Mr Stanley Gordon Hill, without first obtaining leave from a Judge of the Trial Division of this Court.

5.       No order as to costs.

In proceeding BS No 10296 of 2019:

1.       Mr Brenton Shane Hill is restrained from making any further applications in proceeding BS 5626/19, or commencing any new proceedings in the Trial Division of this Court or in the District Court of Queensland or in the Queensland Civil and Administrative Tribunal against Ms Deborah Lea Nanschild and/or Ms Vicki Joy Hill, either personally or in their capacity as the executors of the will of their late father, Mr Stanley Gordon Hill, in relation to the administration of the financial affairs of the late Mr Stanley Gordon Hill, without first obtaining leave from a Judge of the Trial Division of this Court.

2.       The proceeding is otherwise dismissed.

3.       No order as to costs.

CATCHWORDS:

SUCCESSION – PERSONAL REPRESENTATIVES – PROCEEDINGS AGAINST PERSONAL REPRESENTATIVES – where the deceased under his will appointed two of his three children to be the executors of his…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Hill; Nanschild v Hill

Details

AGLC: Re Hill; Nanschild v Hill [2020] QSC 148
Case: [2020] QSC 148
Decision Date: 1 June 2020

CaseChat Overview and Summary

The case of Re Hill; Nanschild v Hill involved a dispute among the children of the deceased, Stanley Gordon Hill, over the administration of his estate. Two of the deceased's three children, Deborah Nanschild and Vicki Hill, were appointed as executors of the will. The third sibling, Brenton Hill, alleged misconduct and fraud on the part of the executors and sought their removal and his appointment in their place. The case came before the Queensland Supreme Court, which was tasked with determining whether there was sufficient ground to remove the executors and whether it was in the interests of justice to finally determine the administration of the estate.

The primary legal issue before the court was whether there was any basis for the removal of the executors, given the allegations of fraud and misconduct by Brenton Hill. Additionally, the court had to consider whether it was appropriate to grant leave for a vexatious proceedings order against Brenton Hill to prevent further legal proceedings against the executors. The court had to balance the interests of all parties involved, including the need to avoid vexatious litigation while ensuring that the estate was administered in accordance with the deceased's wishes.

The court found that there was no basis for the removal of the executors, as the evidence provided by Brenton Hill did not support the allegations of fraud or misconduct. The court emphasised the importance of finality in estate administration and noted the lengthy history of disputes among the siblings, both before and after the deceased's death. The court also decided that granting leave for a vexatious proceedings order was not appropriate in the circumstances, but instead, it issued a von Risefer order restraining Brenton Hill from initiating further proceedings against the executors without leave from the court.

The final orders of the court dismissed Brenton Hill's application for the removal of the executors and for a vexatious proceedings order. The executors were directed to distribute the remaining funds of the estate equally among the three siblings. Brenton Hill was restrained from making further applications in the case or initiating new proceedings against the executors without leave from the court. The court did not make an order regarding costs.

Orders

Orders of the court

In proceeding BS No 5626 of 2019:

1. The application filed by Mr Brenton Hill on 6 April 2020 is dismissed.

2. The executors, Ms Deborah Nanschild and Ms Vicki Hill, finally distribute the remaining funds in the estate as follows:

(a) By paying, or causing to be paid, equal amounts of $11,050.15 to each of Ms Deborah Lea Nanschild, Ms Vicki Joy Hill and Mr Brenton Shane Hill, within seven days of the date of this order.

(b) The amount of $11,050.15 payable to Mr Brenton Hill is to be paid by direct deposit into the following bank account: [details redacted for privacy reasons].

3. These orders are the final orders in relation to proceeding BS 5626/19.

4. Mr Brenton Shane Hill is restrained from making any further applications in proceeding BS 5626/19, or commencing any new proceedings in the Trial Division of this Court or in the District Court of Queensland or in the Queensland Civil and Administrative Tribunal against Ms Deborah Lea Nanschild and/or Ms Vicki Joy Hill, either personally or in their capacity as the executors of the will of their late father, Mr Stanley Gordon Hill, in relation to the administration of the financial affairs of the late Mr Stanley Gordon Hill, without first obtaining leave from a Judge of the Trial Division of this Court.

5. No order as to costs.

In proceeding BS No 10296 of 2019:

1. Mr Brenton Shane Hill is restrained from making any further applications in proceeding BS 5626/19, or commencing any new proceedings in the Trial Division of this Court or in the District Court of Queensland or in the Queensland Civil and Administrative Tribunal against Ms Deborah Lea Nanschild and/or Ms Vicki Joy Hill, either personally or in their capacity as the executors of the will of their late father, Mr Stanley Gordon Hill, in relation to the administration of the financial affairs of the late Mr Stanley Gordon Hill, without first obtaining leave from a Judge of the Trial Division of this Court.

2. The proceeding is otherwise dismissed.

3. No order as to costs.

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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CITATION:	Re Hill; Nanschild v Hill [2020] QSC 148
PARTIES:	In proceeding BS No 5626/19 IN THE WILL OF STANLEY GORDON HILL DEBORAH LEA NANSCHILD and VICKI JOY HILL (AS EXECUTORS OF THE ESTATE OF STANLEY GORDON HILL) (Applicants) v BRENTON SHANE HILL (Respondent) In proceeding BS No 10296/19 DEBORAH LEA NANSCHILD (Applicant) v BRENTON SHANE HILL (Respondent)
FILE NO/S:	BS No 5626 of 2019 and BS No 10296 of 2019
DIVISION:	Trial Division
PROCEEDING:	Applications
DELIVERED ON:	1 June 2020
DELIVERED AT:	Brisbane
HEARING DATE:	19 and 28 May 2020
JUDGE:	Bowskill J
ORDERS:	In proceeding BS No 5626 of 2019: 1. The application filed by Mr Brenton Hill on 6 April 2020 is dismissed. 2. The executors, Ms Deborah Nanschild and Ms Vicki Hill, finally distribute the remaining funds in the estate as follows: (a) By paying, or causing to be paid, equal amounts of $11,050.15 to each of Ms Deborah Lea Nanschild, Ms Vicki Joy Hill and Mr Brenton Shane Hill, within seven days of the date of this order. (b) The amount of $11,050.15 payable to Mr Brenton Hill is to be paid by direct deposit into the following bank account: [details redacted for privacy reasons]. (c) The executors have liberty to apply to the Court, in the event of any inability to transfer the funds to Mr Hill. 3. These orders are the final orders in relation to proceeding BS 5626/19. 4. Mr Brenton Shane Hill is restrained from making any further applications in proceeding BS 5626/19, or commencing any new proceedings in the Trial Division of this Court or in the District Court of Queensland or in the Queensland Civil and Administrative Tribunal against Ms Deborah Lea Nanschild and/or Ms Vicki Joy Hill, either personally or in their capacity as the executors of the will of their late father, Mr Stanley Gordon Hill, in relation to the administration of the financial affairs of the late Mr Stanley Gordon Hill, without first obtaining leave from a Judge of the Trial Division of this Court. 5. No order as to costs. In proceeding BS No 10296 of 2019: 1. Mr Brenton Shane Hill is restrained from making any further applications in proceeding BS 5626/19, or commencing any new proceedings in the Trial Division of this Court or in the District Court of Queensland or in the Queensland Civil and Administrative Tribunal against Ms Deborah Lea Nanschild and/or Ms Vicki Joy Hill, either personally or in their capacity as the executors of the will of their late father, Mr Stanley Gordon Hill, in relation to the administration of the financial affairs of the late Mr Stanley Gordon Hill, without first obtaining leave from a Judge of the Trial Division of this Court. 2. The proceeding is otherwise dismissed. 3. No order as to costs.
CATCHWORDS:	SUCCESSION – PERSONAL REPRESENTATIVES – PROCEEDINGS AGAINST PERSONAL REPRESENTATIVES – where the deceased under his will appointed two of his three children to be the executors of his…