Where named executors agree to appoint one of their number as director of a single-director company that is the estate's primary asset under s 201F of the Corporations Act 2001 (Cth), it is at least arguable that all executors thereby assume executorial duties in respect of the management of that asset, and a pre-probate devastavit claim against a non-director co-executor is not so untenable as to warrant summary dismissal. One of several co-defendants cannot obtain summary dismissal on the basis of evidentiary deficiencies in the plaintiff's case where gaps may be filled by evidence from co-defendants at trial.
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