Phillips Re Estate of Joel [2007] NSWSC 639

Phillips Re Estate of Joel [2007] NSWSC 639

The deputy registrar's discretion miscarried because the $30,000 allowance did not properly account for the considerable work, pains and trouble undertaken by the executor in managing the Mosman property and boat shed business, obtaining and maintaining consent to assignment of the lease, preserving the availability of moorings, and achieving a satisfactory sale; a lump sum commission of $95,000 was appropriate.

Jurisdiction
Australia
Judgment Date
23 April 2007
Procedural Posture
Probate Application for Review of a Deputy Registrar's Decision Allowing Executor's Commission / Review of Decision of Deputy Registrar Siva
Outcome
Decision of Deputy Registrar Siva set aside; executor's lump sum commission increased to $95,000.
Legal Topics
["executor's Commission" 'passing of Accounts' "review of Deputy Registrar's Discretionary Decision" 'administration of Estate' 'sale of Estate Property']
['wills, Probate and Administration'] ["executor's Commission" 'passing of Accounts' "review of Deputy Registrar's Discretionary Decision" 'administration of Estate' 'sale of Estate Property']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Application for Review of a Deputy Registrar's Decision Allowing Executor's Commission / Review of Decision of Deputy Registrar Siva

Legal Issues

  1. 1 ["Whether the deputy registrar's lump sum allowance of commission to the executor for pains and trouble was seriously inadequate." "Whether the executor's work in managing and selling the Mosman waterfront property, boat shed business, lease rights and moorings justified a higher commission."]

Ratio Decidendi

The deputy registrar's discretion miscarried because the $30,000 allowance did not properly account for the considerable work, pains and trouble undertaken by the executor in managing the Mosman property and boat shed business, obtaining and maintaining consent to assignment of the lease, preserving the availability of moorings, and achieving a satisfactory sale; a lump sum commission of $95,000 was appropriate.

Court Disposition

Decision of Deputy Registrar Siva set aside; executor's lump sum commission increased to $95,000.

Orders

  • ['Set aside the decision of Deputy Registrar Siva of 21 February 2007.' 'In lieu thereof, order that the plaintiff be allowed commission for his pains and troubles as executor of the estate of James Thomas Langley Joel in a lump sum of $95,000.' 'Order the costs of the notice of motion be paid out of the estate of...