Lynda Jean Whyman v Public Trust - SC 4/2005
Summary
Civil appeal - Property (Relationships) Act - appeal against the decision of the Court of Appeal allowing an appeal against the High Court's decision granting letters of administration to the respondent - interpretation of s 88(2) allowing the Court to grant leave only if it is satisfied that refusing leave would cause serious injustice - whether the choice of option B under s 61, under which the surviving spouse or de facto partner chooses not to make an application under the Act, means that there would be no jurisdiction for the Court to grant leave under s 88(2) to the administrator of the deceased's estate to entertain an application under s 25 for an order concerning the division of relationship property. CA 76/04 17 December 2004
Additional Information
PUBLIC TRUST V WHYMAN CA CA76/04 17 December 2004
Result
Leave to appeal granted.
23 March 2005
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Notice of abandonment being lodged, the appeal is deemed to be dismissed.