30 Apr 2018
The Court exercised its discretion under ss 339(1)(a) and 343(a) of the Property Law Act 2007 to order the sale of the property, to appoint the Public Trustee to execute sale and conveyancing documents on behalf of the absent respondent, and to direct that the applicant be reimbursed from the net sale proceeds for specified maintenance and certified legal costs.
17 Apr 2012
The Court held that the applicant's actual and reasonable legal costs and expenses up to and including 2 December 2011 were properly payable from the estate because the proceedings to validate the will and obtain an administrator arose from the deceased's affairs; all other costs, including costs incurred after 2 December 2011 and costs of the costs application, should lie where they fall because responsibility for the subsequent additional expense was shared and the parties both contributed to it; leave was reserved to apply concerning calculation of the allowed estate-borne costs.
13 Dec 2011
The Court appointed the Public Trustee on defined terms to act independently to convene a duly constituted congregation meeting to appoint additional trustees and to review and propose amendments to the Constitution and Trust Deed, declined to remove the existing sole trustee but required him to stand aside and give an undertaking to allow the Public Trustee independent operation for the limited appointment period, and granted narrowly‑drawn interim joint‑use directions for the Christmas/New Year period to facilitate reconciliation and restoration of worship access.
10 Dec 2010
The court found Christopher Noel Ward unfit to act as executor due to vexatious, frivolous and improper conduct that impeded estate administration, refused to remove John Ward due to lack of evidence of impropriety, appointed the Public Trustee as further executor for proper administration, and awarded indemnity costs to the plaintiff under r14.6(4)(a) in the amount sought with disbursements confirmed.
16 Dec 2008
Section 19(1) does not vest jurisdiction to appoint the Public Trustee where the named executor has no legal obligation to obtain probate because the estate's assets passed by survivorship and administration is lawfully concluded; mere omission to obtain probate after three months is insufficient to show the executor 'neglects or refuses' to prove the will and therefore s19(1) does not apply, and in any event judicial discretion would be exercised against appointment.
7 Jun 2006
The Court held that r II(d)(vii) requires a specific authority from the Karmapa (or lawful successor) to advise that a board member is no longer suitable and thereby vacate office; a generic supervisory appointment under r XII(a) does not confer power to remove trustees under r II(d)(vii); accordingly the respondent's purported removals were ineffective, the High Court orders upholding them were quashed, and the appellants were reinstated; no replacement under s 51 was warranted.