THE WEST AUSTRALIAN TRUSTEE EXECUTOR AND AGENCY CO. LTD. AND ANOTHER V. PERPETUAL EXECUTORS TRUSTEES AND AGENCY CO. (W.A.) LTD.

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IN THE HIGH COURT OF AUSTRALIA.

---SHE.-WEST.-AUSTRALIAN..TRUSTER EXECUTOR AND AGENCY COMPANY LIMITED & ANOR.

THE -PERPETUAL.-EXECUTORS . TRUS~.- TEES AND AGENCY COMPANY (W.A.) LIMITED,

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REASONS FOR JUDGMENT.

1.

2.

3e

(EXECUTOR)

ORDER

Set aside the judgments of the Supreme Court of Western Australia dated 19th May 1942 and 29th Ostober 1942.

Order that the plaintiff as the executor of Elisabeth Mary Ann Collins deceased do recover against the defendants the West Australian Trustee Executor and Agency Co.Ltd. and Copeland dames Lewer the gum of £317.0.3 for interest mentioned in the amended Statement of Claim to

be levied of the real and personal estate and property acknowledged ain paragraph 5 of the Defence to be in the hands of the defendants

as executors of the said R.E, Lewer to be admin- istered and so far as the same shall not extend to be levied of the other real and personal estate and property of the said R.E. Lewer which shall hereafter come to the hands of the defendants

as such executors to be administered.

Declare that thé said defendants the executors of the said R.E, Lewer deceased were after the expiration of one year from the death of the said RE. Lewer guilty of a devastavit or breach of duty in carrying on the business of the station at Dairy.Creek in the pleadings mentioned.

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5.

6.

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Direct an inguiry before the Supreme Court of Weetern Australia or before euch officer of that Court as it shall direct:-

(a) Whether by reason of such devastavit or preach of duty the said defendants have within eix years next before the 16th July 1941 wasted, diminished or suffered to he lessened in value the said real and personal estate and property aforesaid of the said R.E. Lewer deceased called the station at Dairy Greek and:~

(b) Whether the said defeniants are now by reason of guch devastavit or breach of duty unable to satisfy all or any and what part of the above jutgnent for the sum of £317.0.3 and all or any and what part of the gum of 86,340 being the balance of purchase money payable to the pleintiff as sneh executor under the agreement in writing dated the 30th December 1927 in the pleadings mentioned out of the aforesaid real and personal pro- perty and estate of the said R.E. Lewer called the station at Dairy Creek.