The Court removed an executor and trustee under s 34(1)(c) of the Administration and Probate Act 1958 (Vic) and s 48(1) of the Trustee Act 1958 (Vic) for unfitness established by gross dereliction of duty, including five years of delay in administering the estate, failure to communicate with beneficiaries, breach of a personal undertaking and court orders to file an administration account, failure to maintain or realise estate assets, and departure from the jurisdiction without explanation. An independent solicitor was appointed as administrator with the will annexed and as trustee. Indemnity costs were ordered against the defendant personally on the basis that his antecedent conduct provoked the litigation, he abandoned the defence without resigning, and his breach of court orders was contumelious.
The full text is available to signed-in members.