In re the estate of Loo (Deceased) [2023] NSWSC 519

Procedural Posture

Application for a Grant of Special Administration Ad Colligenda Bona Defuncti / Urgent Summons; Ex Tempore Judgment

Legal Issues

1. 1 ['Whether a grant of special administration ad colligenda bona defuncti should be made urgently in respect of the estate of the late Lean Foo Loo.' "Whether the grant should be limited to protecting the interests of Imperial Plasterboard Supplies Pty Ltd in relation to a creditor's statutory demand." 'Whether the Supreme Court of New South Wales had jurisdiction to make the orders and whether the proceedings should be transferred to the Supreme Court of Western Australia.']

Ratio Decidendi

A limited grant of special administration ad colligenda bona defuncti was appropriate because the deceased apparently left no will and no executor had been found, the company formerly controlled by the deceased was without anyone able to protect its interests, a statutory demand had been served and the time to challenge it was about to expire. Although the relevant connecting factors were in Western Australia, the Court had cross-vested jurisdiction and it was appropriate to transfer the proceedings to the Supreme Court of Western Australia.

Court Disposition

Grant of special administration ad colligenda bona defuncti made and proceedings transferred to the Supreme Court of Western Australia.

Orders

• ['A grant of special administration ad colligenda bona defuncti be granted to Hon Fa Kung in the estate of the late Lean Foo Loo.' 'The grant not include the power to distribute assets.' 'Publication of the notice of intention to make the application be dispensed with, for the purposes of the application for this...