NSW Trustee and Guardian v . [2018] NSWSC 1020

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian v . [2018] NSWSC 1020 Hearing dates: 28 June 2018 Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Equity Before: Parker J Decision: 1. Order that the plaintiff be justified in distributing the estate of the late Henry Lewis Cooper, hereinafter referred to as "the deceased," on the basis that the deceased was not survived by any next of kin and his estate therefore belongs to the Crown as bona vacantia, but without prejudice to the rights of any person to trace his or her share into the hands of the recipient if it be established that they survive the deceased or otherwise as the case may be;

2. Grant the plaintiff liberty to apply with respect to the costs of these proceedings, such liberty to be exercised within 28 days of today's date. Catchwords: WILLS, PROBATE AND ADMINISTRATION – intestate estate – property vested in NSW Trustee and Guardian – application for Benjamin order – order made in circumstances where identification of next of kin is remote

CIVIL PROCEDURE – application for cost order on indemnity basis from estate – order refused in circumstances where application brought after significant delay Legislation Cited: Probate and Administration Act 1898 (NSW), s 61B Succession Act 2006 (NSW) Wills, Probate and Administration Act 1898 (NSW), s 92 Cases Cited: Re Benjamin [1902] 1 Ch 723 Application of NSW Trustee & Guardian [2014] NSWSC 1857 Texts Cited: Nil Category: Principal judgment Parties: NSW Trustee and Guardian (Plaintiff) Representation: Counsel: H Morrison (Plaintiff)