5 December 2022


International Cases

Jones Vs.Toomer

Australia

24.06.2021

Civil

The appointment of an interim administrator will only be made if there is sufficient reason to do so

In present matter, an application is made on behalf of the first and second Plaintiffs seeking an order appointing them as the joint administrators of the estate of the late Mary Cunningham-Reid pursuant to the Administration Act, 1903 (WA). The appointment is intended to be an interim one, pending the determination of present proceeding.

Section 35 of the Administration Act provides that, the Court may, pending any proceedings touching the validity of any will, or for obtaining, recalling, or revoking any probate or administration, appoint an administrator of the personal estate and the receiver of the real estate of any deceased person, at such remuneration and with such full or limited powers as the court may think fit. As observed by Master Sanderson in Vallelonga vs. Sorgiovanni, the appointment of an interim administrator in circumstances such as this is referred to as a grant of administration pendente lite - that is, pending suit. Such appointment will only be made if there is sufficient reason to do so. The learned Master further observed that the appointment of an interim or limited administrator ought be made having regard to whether the appointment is in the interests of justice and in the best interests of all parties connected with the estate.

The estate is a modest one. The Plaintiffs reside in Western Australia. The first and second Plaintiffs are familiar with the estate. The stance taken by the second Defendant, who is represented in the proceeding, weighs in the balance of the appointment of the first and second Plaintiffs as interim administrators. The second Defendant does not oppose the appointment in circumstances where the first and second Plaintiffs have given an undertaking in terms required by the second Defendant. With appropriate limitations of power and the undertaking proffered, present Court is satisfied that the appointment of the first and second Plaintiffs will not adversely affect the estate. There is sufficient reason to appoint an interim administrator, and that it is appropriate that the first and second Plaintiffs be so appointed.

Tags : Interim administrator Appointment Entitlement

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