Stojic v Stojic [2018] NSWSC 723

Stojic v Stojic [2018] NSWSC 723

Simon was in serious, unpurged contempt of asset preservation orders, the contempt was directly connected with the estate administration issues, and he should not be heard to propound his own candidate. Although parties are ordinarily not appointed as administrators pending hearing, there was no absolute rule; the plaintiffs were the only candidates properly before the Court, their conflicts were more theoretical than real or manageable, they had relevant capacity to deal with Croatian matters, and urgent issues concerning Statewide required action. The discretionary balance therefore favoured appointing the plaintiffs, subject to close control of their powers and possible requirements...

Jurisdiction
Australia
Judgment Date
08 May 2018
Procedural Posture
Equity Probate List; Disputed Probate Application Concerning Appointment of Administrators Pending Hearing / Application by Notice of Motion for the Plaintiffs to Be Appointed as Administrators Pending the Final Hearing and Decision of Applications for Administration of One or Other of the Contested Wills
Outcome
Application granted in principle; plaintiffs to be appointed as administrators pending hearing, with the question of extended powers deferred for further debate.
Legal Topics
['administrators Pending Hearing' 'contested Wills' 'letters of Administration With Will Annexed' 'executor Renunciation' 'family Provision Claims' 'contempt of Court Orders' 'asset Preservation Orders' 'case Management' 'statewide Voluntary Administration']
['wills and Estates' 'probate' 'contempt' 'civil Procedure'] ['administrators Pending Hearing' 'contested Wills' 'letters of Administration With Will Annexed' 'executor Renunciation' 'family Provision Claims' 'contempt of Court Orders' 'asset Preservation Orders' 'case Management' 'statewide Voluntary Administration']

Case Brief

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Procedural Posture

Equity Probate List; Disputed Probate Application Concerning Appointment of Administrators Pending Hearing / Application by Notice of Motion for the Plaintiffs to Be Appointed as Administrators Pending the Final Hearing and Decision of Applications for Administration of One or Other of the Contested Wills

Legal Issues

  1. 1 ['Whether the plaintiffs should be appointed as administrators pending the final hearing despite being parties to the proceedings.' 'Whether Simon, being in serious unpurged contempt of court orders directly connected with estate assets, should be heard to propound his own candidate for administrator.' "Whether any conflict arising from the plaintiffs' family provision claims or desire to pursue claims against Simon made them unsuitable as administrators." "What weight should be given to urgency arising from Statewide Office Furniture Pty Limited's voluntary administration and the need to protect estate interests."]

Ratio Decidendi

Simon was in serious, unpurged contempt of asset preservation orders, the contempt was directly connected with the estate administration issues, and he should not be heard to propound his own candidate. Although parties are ordinarily not appointed as administrators pending hearing, there was no absolute rule; the plaintiffs were the only candidates properly before the Court, their conflicts were more theoretical than real or manageable, they had relevant capacity to deal with Croatian matters, and urgent issues concerning Statewide required action. The discretionary balance therefore favoured appointing the plaintiffs, subject to close control of their powers and possible requirements...

Court Disposition

Application granted in principle; plaintiffs to be appointed as administrators pending hearing, with the question of extended powers deferred for further debate.

Orders

  • ['The plaintiffs are to be appointed as administrators pending the final hearing and decision of the applications for administration of one or other of the contested wills.' "The Court was prepared to make an order in terms of prayer 1 of the plaintiffs' notice of motion filed on 4 May 2018, but deferred doing so...