Lowe v Armour [2021] NSWCATCD 50

Lowe v Armour [2021] NSWCATCD 50

Because the Tribunal was informed that Letters of Administration had been applied for and were to be issued, it was unnecessary to determine whether Ms Lowe could otherwise bring proceedings on behalf of the estate before a grant. Upon lodgement of the grant, Ms Lowe's name should be amended to include her capacity as administrator and the NSW Trustee and Guardian should be removed as a respondent, with directions made for evidence, submissions and a later hearing.

Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Claims Under the Residential Tenancies Act 2010 (nsw) Concerning a Bond and Goods Left on Residential Premises / Interlocutory Directions Concerning Proper Parties and Future Conduct of Proceedings
Outcome
Interlocutory directions made; proper parties issue not finally determined.
Legal Topics
['deceased Tenant' 'letters of Administration' 'proper Applicant' 'rental Bond Claim' 'person Who Has an Interest' 'goods Left on Premises' 'nsw Trustee and Guardian']
['practice and Procedure' 'leases and Tenancies' 'succession and Administration of Estates' 'uncollected Goods'] ['deceased Tenant' 'letters of Administration' 'proper Applicant' 'rental Bond Claim' 'person Who Has an Interest' 'goods Left on Premises' 'nsw Trustee and Guardian']

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Procedural Posture

Claims Under the Residential Tenancies Act 2010 (nsw) Concerning a Bond and Goods Left on Residential Premises / Interlocutory Directions Concerning Proper Parties and Future Conduct of Proceedings

Legal Issues

  1. 1 ['Whether Ms Lowe was the proper applicant to bring claims concerning a rental bond and goods left on premises after the deceased tenant died without a Will and before any grant of Letters of Administration.' 'Whether the vesting of property in the NSW Trustee and Guardian under s 61 of the Probate and Administration Act 1898 (NSW) made the NSW Trustee and Guardian a necessary or proper party.' 'Whether Ms Lowe could bring claims in her own name as a person who has an interest in the bond under s 175(1) of the Residential Tenancies Act 2010 (NSW) and in the goods under s 31B of the Uncollected Goods Act 1995 (NSW).' 'Whether the proper parties issue needed to be resolved after the Tribunal was informed that Letters of Administration had been applied for and were to be issued.']

Ratio Decidendi

Because the Tribunal was informed that Letters of Administration had been applied for and were to be issued, it was unnecessary to determine whether Ms Lowe could otherwise bring proceedings on behalf of the estate before a grant. Upon lodgement of the grant, Ms Lowe's name should be amended to include her capacity as administrator and the NSW Trustee and Guardian should be removed as a respondent, with directions made for evidence, submissions and a later hearing.

Court Disposition

Interlocutory directions made; proper parties issue not finally determined.

Orders

  • ['Upon lodgement of letters of administration with the Tribunal granting to the applicant administration of the estate of the late Alexander Lowe, the name of the applicant is amended to Amber Lowe in her own right and as administrator of the Estate of the Late Alexander Lowe.' 'Subject to any extension of time, the...