Re Estate of the Late Tanju (Andrew) Assim; Application of Ayleen Assim and Elise Assim [2015] NSWSC 337

Supreme Court New South Wales

Medium Neutral Citation: Re Estate of the Late Tanju (Andrew) Assim; Application of Ayleen Assim and Elise Assim [2015] NSWSC 337 Hearing dates: 30 March 2015 Date of orders: 30 March 2015 Decision date: 30 March 2015 Before: Slattery J Decision: Plaintiffs appointed administrators with limitation on their powers to act pending a grant of probate or administration. Catchwords: ESTATE ADMINISTRATION – application for appointment as administrators of estate under Probate and Administration Act 1898 (NSW), s 74 – where deceased was the only signatory to the trust account of a continuing business – appointment necessary to preserve value of business – if appointed administrators seek to appoint directors to deceased's proprietary companies under Corporations Act 2001 (Cth), s 201F – limitation applied on conducting affairs of those companies for the preservation of estate assets. Legislation Cited: Corporations Act 2001 (Cth) s 201F Probate and Administration Act 1898 s 74 Property, Stock and Business Agents 2002 (NSW) Cases Cited: Estate of Edith Macdougall [2013] NSWSC 990 Re McCorquodale v Guth [2008] NSWSC 1420 Re Stewart (1869) LR 1 P & D 727 Re Wyckoff (1862) 3 Sw. & Tr 20 Category: Consequential orders (other than Costs) Parties: First Plaintiff: Ayleen Frances Assim Second Plaintiff: Elise Catherine Assim Representation: Counsel: Plaintiffs: M. Condon SC

Solicitors: C. Tannous, Sage Solicitors File Number(s): 2015/94278 Publication restriction: No