Catchwords:
PRACTICE AND PROCEDURE – Application for summary judgment by defendant of plaintiff’s proceeding for judicial advice brought pursuant to r 54.02 of the Supreme Court (General Civil Procedure) Rules 2015 – Whether plaintiff has no real prospect of success of being afforded judicial advice – Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158 – Mandie v Memart Nominees Pty Ltd, [2016] VSCA 4.
PRACTICE AND PROCEDURE – Whether application for judicial advice by executor who is also principal beneficiary of the estate of the deceased is an abuse of process – whether proceeding should be stayed or dismissed as an abuse of process – Williams v Spautz (1992) 174 CLR 509; Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256; Moti v R (2011) HCA 50.
WILLS AND ESTATES – Judicial advice – Plaintiff as executrix of the estate of the deceased seeks judicial advice as to the effect of transfers of land and a statutory declaration relating to land held by the deceased before his death as joint tenant with his widow – Whether proceeding susceptible to summary dismissal – whether proceeding should be stayed or dismissed as an abuse of process – Re Atkinson (1971) VR 612; Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand & Anor (2008) 237 CLR 66; Morris v Smoel [2013] VSCA 11; Re Estate Late Chow Cho-Poon; Application for judicial advice [2013] NSWSC 844; Application of Willoughby City Council (as manager of the Talus Reserve Trust) & Anor [2016] NSWSC 1717; Re The Macedonian Orthodox Church Community ‘Saint Dimitrij Solunski’ Springvale Inc [2020] VSC 274.
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