Mavris & Anor v Level 12 Property Holdings Pty Ltd &; Anor [2018] NSWSC 957

Mavris & Anor v Level 12 Property Holdings Pty Ltd &; Anor [2018] NSWSC 957

Due to the urgency in preserving the value of the Unit Trust's real property and the lack of a personal representative or clarity around appointment powers under the Trust Deed, the appropriate course is to appoint the first plaintiff as interim administrator of the deceased's estate ad colligenda bona defuncti, with limited powers, pending a full grant of probate or administration. Orders under Trustee Act, s 70 were not made, as interim administration is sufficient and more appropriate.

Jurisdiction
Australia
Judgment Date
25 June 2018
Procedural Posture
Equity Application / Interlocutory Orders and Directions
Outcome
Orders made appointing the first plaintiff as interim administrator ad colligenda bona defuncti of the estate of the deceased, subject to specified limitations. Costs of the application to be paid out of the estate on an indemnity basis.
Legal Topics
['appointment of Trustees' 'interim Administration' 'removal of Trustee' 'administration Ad Colligenda Bona Defuncti']
['equity' 'trusts and Trustees' 'succession'] ['appointment of Trustees' 'interim Administration' 'removal of Trustee' 'administration Ad Colligenda Bona Defuncti']

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Procedural Posture

Equity Application / Interlocutory Orders and Directions

Legal Issues

  1. 1 ['Whether a new trustee should be appointed for the Mavris Family Trust under Trustee Act, s 70 or an interim administrator should be appointed under Probate and Administration Act, s 74 pending a full grant of probate or administration' 'What powers and limitations should apply to an interim administrator appointed to preserve estate and trust assets']

Ratio Decidendi

Due to the urgency in preserving the value of the Unit Trust's real property and the lack of a personal representative or clarity around appointment powers under the Trust Deed, the appropriate course is to appoint the first plaintiff as interim administrator of the deceased's estate ad colligenda bona defuncti, with limited powers, pending a full grant of probate or administration. Orders under Trustee Act, s 70 were not made, as interim administration is sufficient and more appropriate.

Court Disposition

Orders made appointing the first plaintiff as interim administrator ad colligenda bona defuncti of the estate of the deceased, subject to specified limitations. Costs of the application to be paid out of the estate on an indemnity basis.

Orders

  • ['Special letters of administration ad colligenda bona defuncti of the estate of the late Dimitrios Mavris granted to Despina Mavris subject to limitations.' 'Court dispenses with publication of notice of intention, need for administration bond or sureties, and further Probate Rule requirements for the interim...