Taylor v Brinin

Case [2024] QDC 84


DISTRICT COURT OF QUEENSLAND 

CITATION: 

Taylor v Brinin & Anor [2024] QDC 84

PARTIES: 

CATHERINE JOYE TAYLOR

(Applicant)

V

JEFFREY PATRICK BRININ AND BARRY JAMES REARDON (AS EXECUTOR OF THE ESTATE OF IDA JOYCE TAYLOR, DECEASED)  

(Respondent)

FILE NO:

2451/23

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

12 June 2024

DELIVERED AT:

Brisbane

HEARING DATE:

JUDGE:

11 April 2024

Porter KC DCJ

ORDER:

1.   The originating application be dismissed.

CATCHWORDS:

SUCCESSION – ADMINISTRATION OF ESTATE – DISTRIBUTION – where there is an application under s. 41(1) Succession Act 1981 (Qld) for further provision from the estate – whether the applicant has been left without adequate provision for her proper maintenance – whether provision ought to be made out of the deceased’s estate for the applicant.

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – GENERALLY – where the executors of the estate apply for summary dismissal of the application – where the Court has inherent jurisdiction to prevent abuse of its processes by the bringing of untenable claims – where the Court has equivalent jurisdiction, at the least arising under s. 69 District Court Act 1967 (Qld) – whether the application should be summarily dismissed.

CASES:

Atthow v McElhone [2010] QSC 177

Baker v Baker (No 1) [2019] QDC 92
Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256
Charlesworth v Griffiths [2018] QDC 115

Daveniza v Daveniza [2014] QSC 37
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Geneva Laboratories Limited v Nguyen [2014] FCA 1270
GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore (2023) 97 ALJR 857
Grimsley v Paul [2021] QSC 78
Higgins v Higgins [2005] QSC 210

Jones v Sutton (No. 2) [2005] NSWCA 203
Laursen & Ors v Laursen [2009] QSC 30
McDermott v McDermott [2023] QSC 163

Niebour-Pott v Pott [2020] QSC 7
Sellars v Maeyke [2005] QSC 368

Singer v Berghouse (No 2) (1994) 181 CLR 201

LEGISLATION:

Succession Act 1981 (Qld) ss. 41, 44

District Court Act 1967 (Qld) s. 69

Uniform Civil Procedure Rules 1999 (Qld) r. 5

COUNSEL:

I. Klevansky for the respondents (applicants on this application)

M. Crofton for the applicant (respondent on this application)

SOLICITORS:

Pennisi Zia for the respondents (applicants on this application)

Wilson Lawyers for the applicant (respondent on this application)

Introduction

  1. This is an application by the executors of the estate of Ida Joyce Taylor (the deceased) for the summary dismissal of an originating application by a daughter of the deceased (Ms Taylor), seeking further provision from her mother’s estate pursuant to s. 41(1) Succession Act 1981 (Qld) (the Act). For the reasons I now give, I dismiss Ms Taylor’s originating application.

Background

  1. Ida Joyce Taylor died in or about 24 to 27 November 2022, leaving a will dated 6 May 2022 (the Will). The deceased was survived by her…

Continue reading Taylor v Brinin

Sign in free to access the full text

Details
AGLC
Taylor v Brinin [2024] QDC 84
Case
[2024] QDC 84
Decision Date

CaseChat Overview and Summary

Taylor brought an application against Brinin seeking further provision from the estate of a deceased individual under section 41(1) of the Succession Act 1981 (Qld). The dispute centred on whether Taylor had been left without adequate provision for her proper maintenance and whether there should be a distribution of the deceased's estate to provide for Taylor. Brinin, as the executor of the estate, opposed the application and sought a summary dismissal on the basis that the claim was untenable. The case was heard in the District Court of Queensland.

The primary legal issue before the court was whether Taylor had been left without adequate provision for her proper maintenance, as required by section 41(1) of the Succession Act. Additionally, the court needed to determine whether there was sufficient grounds for the executors to apply for a summary dismissal of the application. The court was required to balance the rights of the applicant against the potential for abuse of the court's processes.

The court found that Taylor's application was not supported by sufficient evidence to substantiate her claim for further provision. The court emphasised that the inherent jurisdiction to prevent abuse of its processes could be exercised when a claim is untenable or lacks merit. Given the lack of evidence and the nature of the application, the court concluded that the claim was without substance and ordered the application be summarily dismissed. The court exercised its discretion under section 69 of the District Court Act 1967 (Qld) to prevent the abuse of its processes.

The court dismissed the originating application, affirming that the claim made by Taylor was not supported by evidence and was therefore untenable. The executors' application for summary dismissal was granted, and the proceedings were terminated.

Orders

Orders of the court

1. The originating application be dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.