The Court held that a bankrupt executor's right of indemnity against a deceased estate for costs properly incurred in administering the estate is property that vests in the bankruptcy trustee under s 58 of the Bankruptcy Act 1966, entitling the trustee to seek vacant possession and sale of estate property under s 30. The Court granted orders for vacant possession, removal of caveats, and appointment of the trustee for sale under s 134(1)(a), but declined to make orders for distribution of proceeds of sale, holding that contested questions regarding the quantum of the executor's indemnity, set-offs against beneficiaries for unauthorised occupation, and the priority of distribution required further evidence and a separate hearing after settlement.
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