Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18:
1. These proceedings relate to the estate of the late John Leslie Boreland (the deceased) who died on 28 April 2025, aged 81. They were commenced by his former wife, the plaintiff, on 12 June 2025 when orders were made for her summons and affidavit in support to be filed in court. The defendant is John Boreland, the executor under the last will of the deceased dated 23 April 2025 (the will), who is the son of the plaintiff and the deceased. Without intending any disrespect, I will refer to family members of the deceased by their first names.
2. On 3 July 2025, I heard the plaintiff's application for the interlocutory relief in the terms of prayers 6 to 9 of the summons. I made orders substantially in the form sought by the plaintiff on 4 July 2025 and indicated that I would provide my reasons subsequently, which I now do. The substantive orders made on 4 July 2025 were:
1) Upon the plaintiff giving the usual undertaking as to damages, order that the defendant is to vacate the rural property known as 'Glenalma' located at 1459 Old Narrandera Road, Euberta NSW (the Euberta property) by 5pm on Monday 7 July 2025.
2) Order that any person in occupation of the Euberta property, including the defendant, is to vacate the property by 5pm on Monday 7 July 2025.
3) Order that the defendant is to do all things necessary to enable the plaintiff to enter the Euberta property by 5pm on Monday 7 July 2025.
4) Order that from 5pm on 7 July 2025, until further order of the Court or the final determination of the proceedings, the defendant be restrained from:
a) doing any act or thing whatsoever which may interfere with the plaintiff's access to and occupation of the Euberta property;
b) attending or entering the Euberta property;
c) approaching directly or indirectly the plaintiff;
d) contacting the plaintiff;
e) communicating directly or indirectly with the plaintiff, other than through the defendant's solicitors by way of correspondence with the plaintiff's solicitors.
5) Order that Orman Solicitors provide the plaintiff's solicitors with a copy of any will made by the late John Leslie Boreland that is within the possession or control of Orman Solicitors by 5pm on 11 July 2025.
6) Costs reserved.
3. The evidence on the interlocutory application comprised the following: (a) the plaintiff relied on her two affidavits made on 11 June 2025 and 27 June 2025, the affidavit of Sharron McCartney, made on 27 June 2025 and the affidavit of Joshua Ross made on 27 June 2025. Sharron is the daughter of the plaintiff from a previous marriage and Joshua is Sharron's son; and (b) the defendant relied on his affidavit made on 20 June 2025 and an affidavit of Renata Matyear made on 3 July 2025. Ms Matyear is the solicitor for the defendant and took instructions from the deceased regarding, and prepared, the will. The witnesses were not cross-examined.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f858da38a923447a95740)
Disclaimer: Curated by HT Syndication.
