Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney (No. 2) [2013] NSWSC 1566

Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney (No. 2) [2013] NSWSC 1566

The NSW Trustee and Guardian was appointed as administrator because the parties did not agree on the proposed alternative administrators and the condition sought by Ms Peipi, a first option to purchase the Palmerston Road property at valuation, would fetter the administrator's discretion and could preclude sale by auction or another course that might maximise the estate's value.

Jurisdiction
Australia
Judgment Date
25 October 2013
Procedural Posture
Succession Family Provision and Estate Administration / Consequential Orders After Earlier Judgment; Final Argument About Form of Orders
Outcome
NSW Trustee and Guardian appointed as administrator; Jessica Hilaney to receive 65 per cent and Helen Peipi 35 per cent of the deceased's estate and notional estate inclusive of costs; related proceedings dismissed with no order as to costs.
Legal Topics
['family Provision' 'de Facto Spouse Statutory Legacy' 'appointment of Administrator' 'notional Estate' 'realisation of Estate Property']
['succession' 'equity' 'estate Administration'] ['family Provision' 'de Facto Spouse Statutory Legacy' 'appointment of Administrator' 'notional Estate' 'realisation of Estate Property']

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Procedural Posture

Succession Family Provision and Estate Administration / Consequential Orders After Earlier Judgment; Final Argument About Form of Orders

Legal Issues

  1. 1 ["Whether the NSW Trustee and Guardian should be appointed as administrator of the deceased's estate." 'Whether Ms Jenny Komsic or Mr Steven Peroni should be appointed as independent administrators on a pro bono basis.' 'Whether Helen Peipi should receive a first option to buy the Palmerston Road property at valuation as a condition of accepting the alternative administrators.' "Whether such an option would improperly restrict the administrator's ability to maximise the value of the estate, including by auction."]

Ratio Decidendi

The NSW Trustee and Guardian was appointed as administrator because the parties did not agree on the proposed alternative administrators and the condition sought by Ms Peipi, a first option to purchase the Palmerston Road property at valuation, would fetter the administrator's discretion and could preclude sale by auction or another course that might maximise the estate's value.

Court Disposition

NSW Trustee and Guardian appointed as administrator; Jessica Hilaney to receive 65 per cent and Helen Peipi 35 per cent of the deceased's estate and notional estate inclusive of costs; related proceedings dismissed with no order as to costs.

Orders

  • ['In proceedings 2011/228231, dismiss the Summons.' 'In proceedings 2011/228231, note that on dismissal there will be no order as to costs.' 'In proceedings 2012/91609, application dismissed.' 'In proceedings 2012/91609, no order as to costs.' 'In proceedings 2011/194248, order that the NSW Trustee and Guardian be...