Squire v Beech

[2018] NSWLC 17

Local Court

New South Wales

Medium Neutral Citation:	Squire v Beech [2018] NSWLC 17
Hearing dates:	31 October 2018
Date of orders:	22 November 2018
Decision date:	22 November 2018
Jurisdiction:	Civil
Before:	Magistrate Huntsman
Decision:	Verdict for the cross-defendant on the cross-claim. The Statement of Claim is discontinued.
Catchwords:	RESTITUTION - Funeral expenses - claim for travel costs for transport of deceased ashes - executor’s legal rights and obligations - executor’s duties to the deceased body and funeral arrangements - dispute between former wife and adult daughter
Legislation Cited:	Civil Procedure Act 2005 s 56
Cases Cited:	Abraham v Magistrate Stone, Deputy State Coroner [2017] NSWSC 1684 Smith v Tamworth City Council 41 NSWLR 680 Beech v Squire [2018] NSWSC 594 Darcy v Duckett [2016] NSWSC 1756 Equuscorp Pty Ltd v Haxton; Equuscorp Pty Ltd v Bassat; Equuscorp Pty Ltd v Cunningham's Warehouse Sales Pty Ltd (2012) 246 CLR 498; [2012] HCA 7 Escott v Brikha [2000] NSWSC 458 Smith v Tamworth City Council (1997) 41 NSWLR 680 Union Bank of Australia v Harrison, Jones & Devlin Ltd (1910) CLR 492; [1910] HCA 44
Category:	Principal judgment
Parties:	Claire Beech (Cross-claimant/ Defendant) Corrine Ann Squire (Cross- defendant/ Plaintiff)
Representation:	Counsel : Mr A.G.Martin , for the Cross-claimant/Defendant Mr P.R Glissan, for the Cross-defendant/Plaintiff     Solicitors: Branston Neville Lawyers, for the Cross-claimant/Defendant Roderick Storie, Solicitors, for the Cross-defendant/Plaintiff
File Number(s):	2016/00255779
Publication restriction:	Nil

Judgment

Background

1. This is a claim for payment of money said to be owed by the executor of the estate to the daughter of the deceased. The executor is the deceased’s former wife. The daughter transported the deceased ashes to Wales, some months after the funeral, and in the Cross Claimed filed, seeks reimbursement for associated costs of so doing, from the executor of her father’s estate.

2. Ms Squire is the former wife of the deceased, Richard Squire, who died between 29 and 30 April 2015. Ms Squire is the sole executrix and beneficiary of the Will dated 21 March 2007, of her late husband, Richard Squire. On 25 May 2016 the Supreme Court of New South Wales granted Probate of the Will to Ms Squire. At the time of Richard Squire’s death, he had very recently separated from Ms Squire and was residing with his daughter, Ms Beech. Upon his death there was a dispute, between the daughter and the former wife, as to release of the body from the Morgue. Ultimately Ms Squire did not persist in her request that the body be released to her, and the deceased’s body was released to the daughter, Ms Beech, to make funeral arrangements. The funeral was held in Bathurst, New South Wales, and the deceased’s remains were cremated.

3. Some months after the funeral the daughter, Ms Beech, decided to take her father’s ashes to Wales in the United Kingdom. The evidence indicates that Ms Beech’s immediate family members (two children, her husband and an infant) travelled by aeroplane to the United Kingdom, incurring the cost…