30 Jul 2012
GOLLAN V OFFICIAL ASSIGNEE HC HAM CIV-2012-419-646
- Citation
- openlaw-d6c604d0_96ee_4d02_96c5_6e384b9c3a5d.pdf
- Court
- High Court
The Official Assignee's decision dated 26 April 2012 is confirmed because the Law Reform (Testamentary Promises) cause of action vested in the Assignee, the Assignee obtained legal advice, properly exercised discretion in light of weak merits, limited estate funds and low likelihood creditors would fund litigation, and the applicant failed to demonstrate any ground under the applicable limited standard of review to overturn that discretionary decision; the court nevertheless adjourned a discrete issue regarding whether the Assignee had been properly asked to consider assignment for further ev…