2 Oct 2015
Costs refused because applicant failed to demonstrate the respondent withheld significant material information; there was fault on both sides and the respondent ultimately acquiesced to provide the inventory and account to avoid further expense, and the executor had been appointed without his knowledge and acted within reasonable bounds such that indemnification from the estate was not inappropriate.
31 Jul 2015
s44 is limited to ensuring compliance with an order for an inventory and account and is not a vehicle for broad challenges to executor decisions or for demands for every underlying document; the application was declined because the orders sought exceeded the scope of s44, the applicants delayed unreasonably in seeking relief after the respondents provided documents and a comprehensive November 2013 letter and payment, and most information had already been provided.
6 Aug 2008
The court refused to exercise its discretion under Administration Act s 44 to order production of an inventory, accounts, the trust deed or financial statements because the applicant had been tendered the full bequest with interest and therefore had no continuing interest to justify the orders, and because she was pursuing the application for an ulterior purpose unrelated to her beneficiary interest; the applicant also failed to establish any interest in the Valerie Geard Trust.