An executor's undertaking to manage an estate 'in the ordinary course of business' and not make distributions does not preclude litigation to secure control of estate assets such as company shareholdings, and the equitable power to rectify a share register is available even where s 1071F of the Corporations Act may not apply due to the absence of a functioning board of directors.
The full text is available to signed-in members, including the 1 later case that cites this judgment.