The Court of Appeal held that a bankrupt beneficiary's right to due administration of a deceased intestate estate vests exclusively in the trustee in bankruptcy, and is not property preserved to the bankrupt under s 116(2)(g) of the Bankruptcy Act 1966 (Cth). Accordingly, the bankrupt beneficiary lacked standing to bring proceedings seeking removal of the Public Trustee as administrator or to appeal the striking out of those proceedings. Unrecovered indemnity costs were ordered to be deducted first from the bankrupt's share of the estate and then from other estate assets.
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