Deputy Curator of Deceased Estates, in the matter of Champion [2023] NFSC 3

Supreme Court of Norfolk Island

Deputy Curator of Deceased Estates, in the matter of Champion [2023] NFSC 3 File numbers: SC 1 of 2022 SC 2 of 2022

Judgment of: BESANKO CJ

Date of judgment: 9 November 2023

Catchwords: SUCCESSION — application by Deputy Curator of Deceased Estates pursuant to s 130 of the Administration and Probate Act 2006 (NI) and pursuant to the Trustee Act 1931 (NI) and s 63 of the Trustee Act 1925 (NSW) — where female deceased died intestate in 1894 and was survived by her husband, the male deceased, who was lost at sea in 1920 having left a will made in 1907 leaving all of his real property on Norfolk Island to his five children — where both of the deceased owned land on Norfolk Island — where the Court made an order in 1991 that the Curator collect and administer with the will the estate of the male deceased — where the Court must specially authorise distribution of assets by the curator — where the five beneficiary children of the deceased have since died — whether there are succeeding executors to the estates of the deceased beneficiaries — where there is no succeeding executor, consideration of appropriate administrators to be appointed and whether Benjamin order required Held: Orders for distribution sought by the Deputy Curator should be made

Legislation: Norfolk Island Act 1913 (Cth) Administration and Probate Act 2006 (NI) ss 5, 8, 16, 23, 24, 50, 121, 125, 130 Administration and Probate Ordinance 1929–1953 (ACT) s 92 Probate and Administration Act 1898 (NSW) s 33

Cases cited: Deputy Curator of Deceased Estates, in the matter of Quintal [2023] NFSC 4 Drummond v Registrar of Probates (SA) [1918] HCA 58; (1918) 25 CLR 318 Maddock v Registrar of Titles (Vict) [1915] HCA 10; (1915) 19 CLR 681 Re Kilby [2016] NSWSC 1433