19 Aug 2022
The executor acted reasonably in defending the claim and in bringing the summary judgment application; the estate must reimburse the full costs of $38,830 as indemnity for reasonable estate administration expenses; of that indemnity 90% ($34,947) is charged against the plaintiff's fixed share of the estate and deducted from sale proceeds of Lot 1, with the balance to be borne by the residuary estate.
30 Nov 2016
The application was dismissed because the estate had been administered and the administrators had no continuing role; the applicant was not entitled to sell the property despite the respondent's failure to pay outgoings and the proper remedy is enforcement of the occupier's obligations rather than removal of the administrator.
20 Dec 2010
The permit was a partnership asset applied for and paid for by the partnership before Brian's death; Keane J's judgment ordered an accounting for the deceased partner's full share of partnership assets (including the permit) and, once satisfied, transferred the deceased partner's interest to the surviving partner (and thus his estate). Res judicata principles (Henderson v Henderson) and s92(2)(a) of the Crown Minerals Act support that outcome, so the first and second defendants hold no interest and the plaintiff as executor is the owner.