Weisbord & Ors v Rodny
[2020] HCASL 191
WEISBORD & ORS
v
RODNY
[2020] HCASL 191
S45/2020
An extension of time is necessary to allow this application for special leave to appeal to proceed. The appeal foreshadowed by the application does not turn on the proper construction of s 8 of the Succession Act 2006 (NSW) but upon the findings of fact properly to be made upon the evidence. There is no sufficient reason to doubt the correctness of the findings of fact by the Court of Appeal of the Supreme Court of New South Wales. The application for special leave should be refused. Accordingly, it would be futile to grant an extension of time.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application, and providing that the applicants should pay the costs of the respondent, and that to the extent that the costs of the respondent on an indemnity basis are not satisfied by the costs paid by the applicants, the respondent should have an indemnity out of the estate of the deceased.
S.J. Gageler P.A. Keane 9 September 2020
0
0