Burke, Re [1990] QSC 120

10 ,-. '-. , ) 20 30 , -, ·, 40 I 50 J s c qol!;;x:) ______ .. .,-r--,-.·· ...... ---,.,...,........ . lHcV!SED CC.")P\'::S ISSUED ! . -;'~- J.j..~ - i~--:1f.~1~ IN THE SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION ,D~~r1;;~~O.S. No. 43 of 1989 BEFORE MR.JUSTICE DEMACK ROCKHAMPTON, 21 MARCH 1990 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made o~ sold without the written authority of the Chief Court Reporter,Court Reporting Bureau.) IN THE MATTER OF the "Succession Act of 1981" -and- IN THE MATTER OF the Will of William Henry Burke late of 9 Edlorowa Street, Gladstone in the State Qf Queensland, retired plant operator, deceased. -and- IN THE MATTER OF an application by Phillip' William Burke of 103 Water Street, North Rockhampton in the State of Queensland for provision out of the estate ofthe deceased. ORDER HIS HONOUR: This is an application for directions in relation to the enforcement of an order that was made by consent on 5 J~ne 1989. I do not propose to comment on the alleged b_reaches _.of that order at this stage because it seems to me the most urgent task is to dispose of the actual application and then to consider the breaches as subsequent that. Subsequently, I would adjourn the application to 10 May 1990 and reserve the costs of that adjournment to that date. However, there are two additional matters which require attention today. Part of the deceased's estate -1- 10 20 30 40 50 60. -- 1 of 2 -- 10 20 30 40 50 j consists of a dwelling-house at 9 Edlorowa,Street, Gladstone. The Executrix has entered into a contract for the sale of that property at a price well in excess of the valuations obtained. The contract provides for settle~ent at the end of April. It seems to me that she ought to'be authorised to complete that sale and the applicant's counsel agrees to that course. Similarly, there is a caravan for which she has an offer which both sides agree is reasonable. The proposal is that these funds be held in a bonus deposit with Westpac until after 10 May. It seems to me to be appropriate to make that order. The application is adjourned to 10 May 1990. The costs of the application are reserved. It is ordered that the Executrix, Florence Eth~l Suli be authorised to proceed with the sale of the house and land situated at 9 Edlorowa Street, Gladstone, in accordance with the terms of a contract made with Philip John Greenway Sheppard and Linda Elizabeth Sheppard on 14 March 1990 and further that the Executrix be authorised to proceed with the sale of the deceased's caravan to Norm's Car Sales for $6,000. I order that the proceeds of both of these sales be deposited in a bonus deposit with Westpac in the joint names of the ~olicitors,acting for the parties to this application, such deposit to mature after 10 May 1990. , Old. -2- 10 20 30 ( 40 ,, .• - 50 60. ---------------- -- 2 of 2 --