Dyason v Hart [2001] NSWSC 943

Dyason v Hart [2001] NSWSC 943

Because all affected persons were parties, the Protective Commissioner's representatives were involved, and the mediated compromise provided a complete plan for how the solicitors were to advance the estate, the Court had power and there was no objection to granting administration to the two solicitors agreed by the parties.

Jurisdiction
Australia
Judgment Date
15 October 2001
Procedural Posture
Probate Proceeding Concerning Administration of a Deceased Estate / Orders Following Mediation and Compromise
Outcome
Orders made.
Legal Topics
['administrator' 'rival Administrators' 'appointment of Solicitors as Administrators' 'mediation Compromise']
['succession' 'probate'] ['administrator' 'rival Administrators' 'appointment of Solicitors as Administrators' 'mediation Compromise']

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Procedural Posture

Probate Proceeding Concerning Administration of a Deceased Estate / Orders Following Mediation and Compromise

Legal Issues

  1. 1 ['Whether the Court could or should grant administration to two solicitors rather than to either party after a mediated compromise between the alleged de facto husband and the next of kin.']

Ratio Decidendi

Because all affected persons were parties, the Protective Commissioner's representatives were involved, and the mediated compromise provided a complete plan for how the solicitors were to advance the estate, the Court had power and there was no objection to granting administration to the two solicitors agreed by the parties.

Court Disposition

Orders made.

Orders

  • ['Orders made in accordance with the short minutes initialled, dated and placed with the papers.' 'Matter referred to the Registrar to complete the grant.']