Mavris & Anor v Level 12 Property Holdings Pty Ltd &; Anor [2018] NSWSC 957

Supreme Court New South Wales

Medium Neutral Citation: Mavris & Anor v Level 12 Property Holdings Pty Ltd &; Anor [2018] NSWSC 957 Hearing dates: 21, 22 & 25 June 2018 Date of orders: 25 June 2018 Decision date: 25 June 2018 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Orders not made under Trustee Act, s 70. Orders made appointing the plaintiffs administrators of the estate of the deceased ad colligenda bona defuncti subject to conditions. Costs of the application to be paid out of the estate of the deceased on the indemnity basis. Catchwords: TRUSTS AND TRUSTEES – appointment of trustees – sole director and sole shareholder of a trustee of a family trust dies suddenly – deceased leaves a will –beneficiaries of the trust and of the deceased's estate apply for orders appointing a new trustee to the family trust under Trustee Act, s 70 - whether a new trustee should be appointed or whether orders should be made under Probate and Administration Act, s 74 for the appointment of an interim administrator to then appoint a fresh director of the trustee company under Corporations Act, s 201F(2), pending a grant of probate of the deceased's will. Legislation Cited: Corporations Act 2001 (Cth), ss 1072A, 201F Probate and Administration Act 1898, s 74 Trustee Act 1925, 70 Cases Cited: Miller v Cameron (1936) 54 CLR 572 Re Stewart (1869) LR 1 P & D 727 Re Wyckoff (1862) 3 Sw & Tr 20 Category: Procedural and other rulings Parties: First plaintiff: Despina Mavris second plaintiff: Anthony Mavris First defendant: Level 12 Holdings Pty Ltd ACN 612 950 722 in own right and in its capacity as trustee for the Mavris Family Trust Second defendant: Mavris Holdings Pty Ltd ACN 626 518 036 Representation: Counsel: plaintiffs: D. Barlin