Deputy Curator of Deceased Estates, in the matter of Champion (No 2) [2023] NFSC 6

Supreme Court of Norfolk Island

Deputy Curator of Deceased Estates, in the matter of Champion (No 2) [2023] NFSC 6 File numbers: SC 1 of 2022 SC 2 of 2022

Judgment of: BESANKO CJ

Date of judgment: 28 November 2023

Date of publication of reasons: 25 January 2024

Legislation: Supreme Court Act 1960 (NI) s 29 Court Procedures Rules 2006 (ACT) r 6

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

Number of paragraphs: 12

Date of hearing: 9 November 2023

Date of last submissions: 27 November 2023

Solicitor for the Applicant: Mr F J Grose, John Grose, Solicitor

ORDERS SC 1 of 2022 IN THE MATTER OF THE ESTATE OF WILLIAM NIHILL CHAMPION DEPUTY CURATOR OF DECEASED ESTATES, IN THE ESTATE OF WILLIAM NIHILL CHAMPION (IN THE WILL DESCRIBED AS WILLIAM NAHILL CHAMPION) LATE OF NORFOLK ISLAND, DECEASED Applicant

order made by: BESANKO CJ DATE OF ORDER: 28 NOVEMBER 2023

THE COURT ORDERS THAT:

1. The estate of William Nihill Champion deceased be distributed equally to the estates of the deceased children of William Nihill Champion who survived him, namely: (a) Walter Hutton Champion; (b) William Anderson Champion; (c) Isabella May Champion; (d) Malcolm Eadie Champion; and (e) Alice Augusta Champion. 2. Margaret Grace Jeans and Ilona Faye Champion be appointed administrators of the estate of Walter Hutton Champion deceased limited to administration and distribution of his share in the estate of William Nihill Champion deceased. 3. Without prejudice to the rights of any person to trace his, her or their share into the hands of the recipient if it be established that they are entitled to share in the estate by Will or otherwise, the Curator is justified in distributing the share of William Anderson Champion deceased on the presumption he died intestate. 4. Virginia Kay Sherriff and Thea Murdene Vennell be appointed administrators of the estate of William Anderson Champion deceased limited to administration and distribution of his share in the estate of William Nihill Champion deceased. 5. Upon issue of a Grant of Probate of the Will of Miles Selwyn Dillon deceased, Rosemary Anne Dillon is the succeeding executor under the estate of Isabella May Champion deceased. 6. Without prejudice to the rights of any person to trace his, her or their share into the hands of the recipient if it be established that they are entitled to share in the estate by Will or otherwise, the Curator is justified in distributing the share of Malcolm Eadie Champion deceased on the presumption he died intestate. 7. Richard Meikle be appointed administrator of the estate of Malcolm Eadie Champion deceased limited to administration and distribution of his share in the estate of William Nihill Champion deceased. 8. Geoffrey Court Rendell is the succeeding executor under the estate of Alice Augusta Champion deceased. 9. The Curator be authorised to make distribution of the estate of William Nihill Champion deceased in accordance with the above orders. 10. The Deputy Curator have liberty to refer the matter back to the Court on seven days' notice should any further question or issue arise. 11. The Deputy Curator be entitled to deduct statutory commission and the expenses incurred in the administration and these proceedings from the trust monies prior to distribution. 12. Pursuant to all enabling powers, including rule 6 of the Court Procedures Rules 2006 (ACT) and section 29 of the Supreme Court Act 1960 (NI) and to the extent necessary, I dispense with the requirements of the said Rules in relation to the sealing and signing of documents in this proceeding and should there be a defect or irregularity, I declare the proceeding valid as I am satisfied there is no substantial injustice by reason of such defect or irregularity.