Kammoora v James [2024] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: Kammoora v James [2024] NSWSC 1490 Hearing dates: 7 November 2024 Date of orders: 7 November 2024 Decision date: 21 November 2024 Jurisdiction: Equity - Succession & Probate List - Probate Before: Slattery J Decision: Opinion given under Trustee Act 1925 (NSW), s 63. Defendant trustee's costs to be paid out of the estate on the indemnity basis. Catchwords: SUCCESSION — Administration of estates – judicial advice – Trustee Act 1925 (NSW), s 63 – deceased's will divides his property among his four children after appointing one of those children, the defendant, as his executor – delay by the defendant in the administration of the estate due to a dispute in relation to subdivision of the deceased's real property and other matters – the plaintiff, a beneficiary applies for removal of the defendant – Court appoints an independent administrator but temporarily stays the orders – in June 2024 the Court declines to give judicial advice to the executor to accept an offer for $850,000 for one of the estate properties but upon terms that the plaintiff must indemnify the estate against the shortfall arising from a lower offer being received later – offer for $850,000 not renewed and an offer for $785,000 made – whether judicial advice should now be given over the plaintiff's objection that the defendant would be justified in accepting the offer for $785,000 – other issues have arisen in relation to the administration of trusts of works of art created by the deceased – what directions should be given to resolve those other issues and to further the better administration of the estate. Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Probate and Administration Act 1898 (NSW) Trustee Act 1925 (NSW), s 63 Cases Cited: Macedonian Orthodox Community Church St Petka Inc v Bishop Petar (2008) 237 CLR 66; [2008] HCA 42. Texts Cited: M Evans, T Power and J Power, Equity and Trusts, Fifth Edition, LexisNexis, Australia 2024. Category: Principal judgment Parties: Bessie Kammoora (Plaintiff) Oliver James t/a executor of the Estate of Ross Frederick Woodcock (Defendant) Representation: Counsel: H Morrison (Plaintiff) R Bianchi (Defendant)