In re the estate of Loo (Deceased) [2023] NSWSC 519

Supreme Court New South Wales

Medium Neutral Citation: In re the estate of Loo (Deceased) [2023] NSWSC 519 Hearing dates: 17 – 18 May 2023 Date of orders: 18 May 2023 Decision date: 18 May 2023 Jurisdiction: Equity - Duty List Before: Hammerschlag CJ in Eq Decision: Grant of special administration ad colligenda bona defuncti and transfer to Supreme Court of Western Australia. See [9] Catchwords: DECEASED ESTATES – Application for a grant of special administration ad colligenda bona defuncti – Where deceased was the shareholder in and sole director of a company which has received a creditor's statutory demand under the Corporations Act 2001 (Cth) – Where it is not known with certainty if the deceased left a will but none has presently been found – Necessity for the appointment of a special administrator to protect the interests of the company which may need to bring an application to set aside the statutory demand – Where time limit will imminently expire – HELD – Orders made for the grant of special administration ad colligenda bona defuncti JURISDICTION – Where the plaintiff is resident in Western Australia, the company's registered office is in Western Australia and all other potentially interested persons are in Western Australia – Jurisdiction to make the orders sought conferred on the Court by Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 9(a) Legislation Cited: Administration Act 1903 (WA) Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Supreme Court Act 1935 (WA) Cases Cited: Application of Penhall and Dutton; Estate of the late Kylie Anne Dutton [2021] NSWSC 79 Application of Rinehart [2020] NSWSC 1624 Fazio v Naso [2016] WASC 385 Simone Starr-Diamond v Talus Diamond (No. 3) [2013] NSWSC 351 Category: Principal judgment Parties: Hon Fa Kung (Plaintiff) Representation: Counsel: R Chen / N Li (Plaintiff)