Ritossa v Ritossa

[2023] NSWCA 14

NSW Court of Appeal

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Interrogate

Catchwords

1. Succession
2. › Probate and administration
3. › Appointment of interim administrator
4. › Administration pendente lite
5. › Whether discretion conditioned on finding estate 'in jeopardy'
6. › Scope of power under s 73
7. › Probate and Administration Act 1898 (NSW), s 73
1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Discretionary decision on matter of practice
5. › Whether issue of principle, question of public importance or reasonably clear injustice
6. › Supreme Court Act 1970 (NSW), s 101(2)(e)

Quick Take

The power to appoint an interim administrator under s 73 is not constrained by a requirement that the estate face 'jeopardy'; it is constrained only by the requirement to advance the due and proper administration of the estate in the best interests of the ultimate beneficiaries.