Murray v McOnie [2019] NSWSC 189

Murray v McOnie [2019] NSWSC 189

Given the beneficiaries' failure to collect or provide instructions for the contents after ample opportunity, and the executor's duty to deliver vacant possession on sale, the executor would be justified in disposing of any contents not collected by 26 March 2019 to a waste disposal facility as abandoned property.

Parties
Plaintiff: Pamela Ann Murray; First Defendant: Megan Ann McOnie; Second Defendant: David John McOnie; Third Defendant: Paul Pryde McOnie
Jurisdiction
Australia
Judgment Date
07 March 2019
Procedural Posture
Judicial Advice Application / Final Orders and Disposition
Outcome
Judicial advice granted: Executor justified in disposing of contents not collected by 26 March 2019; directions given for access, notification, and submissions on costs.
Legal Topics
Judicial Advice to Executor, Trustee Justification, Abandonment of Property, Estate Administration, Beneficiary Rights
Equity Trusts and Estates Judicial Advice to Executor Trustee Justification Abandonment of Property Estate Administration Beneficiary Rights

Case Brief

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Parties

Pamela Ann Murray

Plaintiff

Megan Ann McOnie

First Defendant

David John McOnie

Second Defendant

Paul Pryde McOnie

Third Defendant

Procedural Posture

Judicial Advice Application / Final Orders and Disposition

Legal Issues

  1. 1 Whether the executor is justified in disposing of the contents of the garage at the Ben Boyd Road property by causing them to be delivered to a waste disposal facility
  2. 2 Whether sufficient opportunity has been given to the beneficiaries to collect estate property
  3. 3 Whether the remaining estate property can be considered abandoned

Ratio Decidendi

Given the beneficiaries' failure to collect or provide instructions for the contents after ample opportunity, and the executor's duty to deliver vacant possession on sale, the executor would be justified in disposing of any contents not collected by 26 March 2019 to a waste disposal facility as abandoned property.

Court Disposition

Judicial advice granted: Executor justified in disposing of contents not collected by 26 March 2019; directions given for access, notification, and submissions on costs.

Orders

  • Note that the plaintiff has agreed to allow access to the garage at the Ben Boyd Road property by any one or more of the defendants or a representative on their behalf for inspection and removal of contents they wish to retain.
  • Provision of access is by collection of a key arranged with the real estate agents; property in the garage remains at defendants' risk while they or their representatives have the key.