Immuto Fleur Nominees Pty Ltd v Archura Capital Pty Ltd [2024] NSWSC 1159

Supreme Court New South Wales

Medium Neutral Citation: Immuto Fleur Nominees Pty Ltd v Archura Capital Pty Ltd [2024] NSWSC 1159 Hearing dates: 26 August 2024 Date of orders: 26 August 2024 Decision date: 26 August 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: See [53] Catchwords: SUCCESSION – grants of probate and special letters of administration – where proceedings commenced against second defendant who is now deceased – where the applicant seeks orders appointing him administrator ad litem to the second defendant's estate – circumstances in which an administrator ad litem may be appointed – whether it is preferrable to appoint the applicant as a representative of the estate pursuant to r 7.10 of the UCPR – whether requirement for notice of application and need for administration bond and sureties should be dispensed with Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth), s 12CB Contracts Review Act 1980 (NSW) Family Provision Act 1982 (NSW) Probate and Administration Act 1898 (NSW), ss 40, 42, 64, 65 Supreme Court Rules 1970 (NSW), pt 78 Trustee Act 1925 (NSW), ss 5, 63 Uniform Civil Procedure Rules 2005 (NSW), r 7.10 Cases Cited: Bayside Council v Estate of Goodman [2019] NSWSC 530 In the Estate of Coe [2013] NSWSC 968 McCorquodale v Guth [2008] NSWSC 1420 Re Estate of the Late Tanju (Andrew) Assim [2015] NSWSC 337 Category: Procedural rulings Parties: Arun Abey (Applicant) Immuto Fleur Nominees Pty Ltd (Plaintiff) Archura Capital Pty Ltd (First defendant) Pathmasiri Nimal Kannangara (Second defendant) Representation: Counsel: S Docker SC and Rodgers (Applicant) M Leonard (Plaintiff) Odgers (First defendant)