Telfer v Telfer
Case
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[2013] NSWCA 330
•30 September 2013
Details
AGLC
Case
Decision Date
Telfer v Telfer [2013] NSWCA 330
[2013] NSWCA 330
30 September 2013
CaseChat Overview and Summary
In *Telfer v Telfer*, the applicant sought a stay of the administration of a deceased estate and a costs order pending the hearing of an application for leave to appeal. The application was heard by Meagher JA.
The central legal issue before the Court was whether to grant a stay of the administration of the estate, specifically concerning payments or distributions to creditors, and the costs order, pending the determination of the application for leave to appeal and any subsequent appeal.
Meagher JA considered the application for a stay. The Court noted that there was no question of principle involved in the proposed appeal. Consequently, the Court ordered that the administration of the Estate, to the extent of making any payments or distributions to creditors, be stayed until the disposition of the application for leave to appeal and, if leave were granted, the disposition of the appeal. The applicant's motion filed on 10 September 2013 was otherwise dismissed, with the costs of that application to be costs in the application for leave to appeal and the appeal.
The central legal issue before the Court was whether to grant a stay of the administration of the estate, specifically concerning payments or distributions to creditors, and the costs order, pending the determination of the application for leave to appeal and any subsequent appeal.
Meagher JA considered the application for a stay. The Court noted that there was no question of principle involved in the proposed appeal. Consequently, the Court ordered that the administration of the Estate, to the extent of making any payments or distributions to creditors, be stayed until the disposition of the application for leave to appeal and, if leave were granted, the disposition of the appeal. The applicant's motion filed on 10 September 2013 was otherwise dismissed, with the costs of that application to be costs in the application for leave to appeal and the appeal.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Stay of Proceedings
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Appeal
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Costs
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Jurisdiction
Actions
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Citations
Telfer v Telfer [2013] NSWCA 330
Most Recent Citation
Neil Ronald Telfer as Executor for the Estate of the late Lyall Telfer v Carolyn Telfer (No. 3) [2013] NSWSC 1614
Cases Citing This Decision
3
Telfer v Telfer (No 2)
[2014] NSWCA 250
Telfer v Telfer
[2014] NSWCA 186
Cases Cited
5
Statutory Material Cited
1
Telfer v Telfer (No 2)
[2013] NSWSC 823
Neil Ronald Telfer as Executor for the Estate of the late Lyall Telfer v Carolyn Telfer
[2013] NSWSC 412
Adeels Palace Pty Ltd v Moubarak
[2009] NSWCA 130