Goodsall v Keen - Estate of Sydney Arthur Keen [2006] NSWSC 1143

Goodsall v Keen - Estate of Sydney Arthur Keen [2006] NSWSC 1143

Insufficient evidence was presented to justify the appointment of an administrator pendente lite, particularly as the estate's assets are being managed and there is no evidence of disappearance of assets; concerns can be addressed by orders ensuring transparency and segregation of rental income.

Jurisdiction
Australia
Judgment Date
30 October 2006
Procedural Posture
Probate Application / Interlocutory Application for Appointment of Administrator Pendente Lite
Outcome
Application for appointment of administrator pendente lite refused, with liberty to restore.
Legal Topics
['administrator Pendente Lite' 'probate' 'estate Administration']
['succession Law' 'equity'] ['administrator Pendente Lite' 'probate' 'estate Administration']

Case Brief

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Procedural Posture

Probate Application / Interlocutory Application for Appointment of Administrator Pendente Lite

Legal Issues

  1. 1 ['Whether an administrator pendente lite should be appointed for the Estate of Sydney Arthur Keen' 'Whether alternative orders can address concerns short of appointing an administrator pendente lite']

Ratio Decidendi

Insufficient evidence was presented to justify the appointment of an administrator pendente lite, particularly as the estate's assets are being managed and there is no evidence of disappearance of assets; concerns can be addressed by orders ensuring transparency and segregation of rental income.

Court Disposition

Application for appointment of administrator pendente lite refused, with liberty to restore.

Orders

  • ['Notice of Motion for administrator pendente lite stands over to trial, liberty to restore on seven days notice.' 'Order for all rental accruing from Hirondelle Private Hospital Pty Limited to be paid into a separate account held on trust for the estate.' 'Costs reserved for determination by the Trial Judge.'...