Leigh v Wall Re: Estate Clifford Collins [1999] NSWSC 38
The plaintiff, as lawful administrator, is entitled to possession of all estate property. There is no evidence she would not comply with duties as administrator, and no basis to withhold release of the property (the watch).
- Jurisdiction
- Australia
- Judgment Date
- 09 February 1999
- Procedural Posture
- Equity / Judgment
- Outcome
- Application granted. Order for release of the watch to the plaintiff and for the defendant to pay plaintiff's costs.
- Legal Topics
- ['executors and Administrators' 'proceedings by Executors or Administrators' 'claim for Trust Property']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Equity / Judgment
Legal Issues
- 1 ['Whether the defendant should be ordered to consent to release of a watch held as an asset of the deceased estate to the administrator' 'Whether a declaration should be made that the defendant holds the watch in trust for the plaintiff']
Ratio Decidendi
The plaintiff, as lawful administrator, is entitled to possession of all estate property. There is no evidence she would not comply with duties as administrator, and no basis to withhold release of the property (the watch).
Court Disposition
Application granted. Order for release of the watch to the plaintiff and for the defendant to pay plaintiff's costs.
Orders
- ['The defendant is ordered to execute and deliver all documents and authority to enable the Chopard watch held at Commonwealth Bank of Australia at Mullumbimby to be delivered to the plaintiff as administrator with the will annexed of the estate of Clifford McRae Collins, deceased.' "The defendant is to pay the...
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