The Estate of Raymond David [2022] NSWSC 48

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Raymond David [2022] NSWSC 48 Hearing dates: 1 February 2022 Date of orders: 1 February 2022 Decision date: 01 February 2022 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the plaintiffs, Garry Neville Penhall and Daniel George David, be appointed administrators cum testamento annexo colligenda bona of the Will dated 1 October 2021 of the late Raymond David subject to the limitations described in orders 2 and 3 below. 2. The Court dispense with: a. Publication of the notice of intention to make this application; b. The need for any administration bond or sureties; and c. The further requirements of the Probate Rules in relation to the plaintiffs' application for interim relief. 3. The plaintiffs' administration of the Estate be limited to: a. Getting in the assets of the Estate and, if thought fit, completing a contract for sale by the deceased Raymond David and Joseph David as vendors to Emmanuel Joseph Victor Xerri, Pauline Xerri and Michaela Jasmine Xerri dated 21 December 2021 ("the sale contract") and executing a transfer of the property, and, in the meantime, taking all necessary steps to insure and keep safe the property, pay all rates and taxes pending sale and with full authority to deal with the conveyancing of the property and any dispute or litigation arising out of the sale contract; and b. Executing all such other instruments doing all necessary things as may be required to complete any sale of the property; c. If the property be sold, to lodge and maintain the net sale price of the property in a controlled money solicitor's trust account at interest conducted by the plaintiffs' solicitor on behalf of the administrators CTA colligenda bona with the exception of $700,000.00 thereout which the plaintiffs' solicitor shall lodge and maintain as a controlled money account on behalf of Joseph David to protect his contingent security interest in the sale proceeds of the property; d. Collecting and investing at interest the proceeds of any Bank account or credit account monies in the name of the deceased with any major trading Bank operating in Australia; e. Until a grant of probate be made or until further order. 4. Order that the plaintiffs deliver up to the Court this grant of letters of administration when required to do so by the Court. 5. Order that the Summons be referred to the Registrar in Probate to be dealt with in accordance with the Rules of Court. 6. Order that the orders be taken out forthwith. Catchwords: SUCCESSION – Executors and administrators – Appointment pursuant to s 74 of the Probate and Administration Act 1898 (NSW) of administrators cum testamento annexo colligenda bona Legislation Cited: Conveyancing Act 1919 (NSW), s 66B Probate and Administration Act 1898 (NSW), ss 63, 74 Cases Cited: Application of Teresa De Leon; Estate of the Late Kim David Frumar [2016] NSWSC 1116 Commonwealth Bank of Australia v Nick Frisina Pty Ltd [1999] NSWSC 907 Re Estate of Edith Macdougall [2013] NSWSC 990 Re Estate of the Late Tanju (Andrew) Assim; Application of Ayleen Assim and Elise Assim [2015] NSWSC 337 Re McCorquodale v Guth [2008] NSWSC 1420 Category: Principal judgment Parties: Garry Neville Penhall (Plaintiff) Daniel George David (Plaintiff) Representation: Solicitors: Penhall & Co (Plaintiffs) File Number(s): 2922/000111730-1 Publication restriction: Nil