Telfer v Telfer

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Stay of Proceedings

  • Appeal

  • Costs

  • Jurisdiction

Actions
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Cases Cited

5

Statutory Material Cited

1

Telfer v Telfer (No 2) [2013] NSWSC 823