Crompton v - [2007] NSWSC 167

Crompton v - [2007] NSWSC 167

The court refused to advise that the administrator was justified in completing the sale because the requested advice would effectively prevent later proceedings against him concerning his commercial decision, in circumstances where rival positions had not been aired before the court; it was for the administrator to make and stand by that decision, subject to later adjudication if disputed.

Jurisdiction
Australia
Judgment Date
26 February 2007
Procedural Posture
Application Under Trustee Act 1925, S 63 for Opinion, Advice and Direction / Ex Tempore Judgment on Notice of Motion
Outcome
Application dismissed.
Legal Topics
['executors and Administrators' 'special Administrator' 'judicial Advice' 'sale of Real Property' 'commercial Decision by Administrator']
['succession' 'trusts and Estates'] ['executors and Administrators' 'special Administrator' 'judicial Advice' 'sale of Real Property' 'commercial Decision by Administrator']

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Procedural Posture

Application Under Trustee Act 1925, S 63 for Opinion, Advice and Direction / Ex Tempore Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether the court should give advice under Trustee Act 1925, s 63 that the applicant was justified in completing a sale of real property for $1.55 million.' 'Whether giving the advice would improperly exonerate the administrator in the context of acrimonious proceedings.']

Ratio Decidendi

The court refused to advise that the administrator was justified in completing the sale because the requested advice would effectively prevent later proceedings against him concerning his commercial decision, in circumstances where rival positions had not been aired before the court; it was for the administrator to make and stand by that decision, subject to later adjudication if disputed.

Court Disposition

Application dismissed.

Orders

  • ['Notice of motion dismissed.']