9 Nov 2022
Given prior interim findings that removal of the existing executor was expedient and on receipt of satisfactory material demonstrating that Catherine Quin is experienced and willing to act, the Court removed Donna Maria Eriwata as executor and trustee and appointed Catherine Quin as independent executor and trustee to ensure proper administration of the estate.
14 Nov 2019
Costs in relation to the application to remove the plaintiff as executrix are to lie where they fall because the outcome was a practical compromise benefiting all beneficiaries; costs in relation to the application to debar opposing counsel were awarded to the first and second defendants on a 2B basis ($4,683.00) with disbursements of $394.06 and no uplift, as the debarment challenge failed after filing of affidavit evidence and was not frivolous enough to warrant an uplift.
20 Oct 2015
Because the defendant occupied the dual roles of executor and sole beneficiary and had not discharged the duty of even‑handedness or provided requisite disclosure, the Court concluded that probate should be recalled and an independent executor appointed (Mr Lance Pratley) to protect the plaintiffs' ability to pursue their family protection claim; the executor's costs to be paid from the estate and costs on the application reserved to the substantive hearing.