Condie, Re; Re Condie [1992] QSC 207

/'J.:P \'t>"j c c TR.AJ'1SCRIPT OF PROCEEDINGS State Reporting Bureau, 4th Floor, The Law Courts, George Street, BRJSBANE. 0. 4000 Tel. (07) 227.4360 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION SHEPHERDSON J No 820 of 1989 IN THE MATTER OF the Succession Act 1981-1983 and REViS~D COPIES ISSUED Sto.t8 Fla~ori:ng Bureau Date S! b 1 Cjc)_ IN THE MATTER OF the WILL of THOMAS BENHAM CONDIE late of 23 Ste .. wart Terrace, Gympie, in the State of Queensland, retired Master Baker, deceased and IN THE MATTER of an application by GEERTRUIDA THEODORA CONDIE BRISBANE DATE 1/6/92 ( -~ 1 ! ORDER 1 -- 1 of 2 -- 010692 D. 1 ORDER HIS HONOUR: The matter came on for hearing this morning. At about midday I was told that the applicant will accept $100,000 plus costs between solicitor and client out of the estate. The parties had agreed to the settlement; I was not happy with that. I should say the agreement was subject to my 10 overriding discretidn which is given under s 41 of the Succession Act of 1981. Discussion ensued, and no doubt that will be transcribed by the Shorthand Writers. The matter was stood down until after 20 lunch, and Mr Myers has informed me that a further offer was c=) made, and he has instructions now from his client to accept that offer which is the payment of $150,000, to her from the estate of the testator, plus her costs on a solicitor and client basis. I do not propose to go into the circumstances in which this matter comes before me, suffice to say that they appear in the numerous affidavits filed on both sides. Notice had been given by each side to cross-examine quite a number of c=) 30 the deponents to these affidavits. The matter had been set 1 ~ down for two, perhaps three days. 40 In the circumstances, therefore, I order that further ,:] provision be made out of the estate of Thomas Benham Condie, deceased, for the applicant who is described in the Will as Geertruida Theodora Vander Hoeff in the sum of $150,000. 50 I further order that the applicant be paid her costs, to include reserved costs (if any) to be taxed on a solicitor and client basis of and incidental to this application. ORDER 2 60 -- 2 of 2 --