The Estate of Wendy Gwynne Price

The Estate of Wendy Gwynne Price involved a dispute between the executors of the estate, the plaintiffs, and a beneficiary of the estate, the defendant. The plaintiffs sought liberty to sell certain real property on the open market, following the expiry of interlocutory orders that had previously restrained them from doing so. The defendant opposed the plaintiffs' application and argued for the renewal of the expired orders and for additional time to take advantage of prior orders that had allowed them to acquire the property from the plaintiffs.

The court was required to decide whether the expired restraining orders should be renewed and whether the defendant should be given more time to take advantage of the previous unperformed orders. The court considered the balance of convenience and the equities of the case, including the rights of the parties under the will and the circumstances that had led to the interlocutory orders being made in the first place.

The court concluded that the circumstances had changed since the interlocutory orders were made and that it was in the best interests of all parties for the restraining orders to be discharged. The court also found that the defendant had not demonstrated any prejudice that would warrant an extension of time to take advantage of the previous orders. The plaintiffs were granted liberty to sell the property, and the defendant's application for renewed restraining orders and additional time was dismissed.

The final orders of the court discharged the expired restraining orders and granted the plaintiffs liberty to sell the property on the open market. The defendant's application for renewed restraining orders and additional time was dismissed, and the defendant was ordered to pay the plaintiffs' costs of the application.