Rennie and Rennie and Anor

Case

[2014] FamCA 601

3 June 2014


Details
AGLC Case Decision Date
Rennie and Rennie and Anor [2014] FamCA 601 [2014] FamCA 601 3 June 2014

CaseChat Overview and Summary

In the matter of *Rennie and Rennie and Anor*, heard before Cronin J, the dispute concerned the distribution of funds from an estate. The applicant, Ms Rennie, sought orders relating to the entitlement of Mr Rennie, the respondent, from the estate of the late Ms Bishop.

The court was required to determine whether to discharge existing orders, to order the executor of the estate to pay a specific sum to the solicitors for Ms Rennie from Mr Rennie's entitlement, and to grant an injunction restraining the distribution of those funds. The court also considered the conditions under which this injunction would be extended or automatically discharged, and the payment of costs.

Cronin J ordered that paragraph 2 of the previous orders made on 2 April 2014 be discharged. The executor of the estate of the late Ms Bishop was directed to pay $137,104 to Kennedy Partners, the solicitors for Ms Rennie, from Mr Rennie's entitlement. An injunction was imposed on Kennedy Partners, restraining them from distributing these funds until 4.00 pm on 24 June 2014. This injunction would be extended until further order if Mr Rennie filed an application supported by affidavit before that time seeking to set aside the orders and explaining why Ms Rennie was not entitled to the funds. If Mr Rennie failed to comply with this requirement, the injunction would be automatically discharged, allowing Kennedy Partners to distribute the proceeds. The husband, Mr Rennie, was ordered to pay the wife's costs of these proceedings, with costs to be assessed by the Registrar and paid by the husband if not agreed by 1 July 2014. The application filed on 21 February 2014 was otherwise dismissed.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Stay of Proceedings

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

Prantage & Prantage [2013] FamCAFC 105