The Court exercised its broad discretion under s 45 of the Administration Act 1903 (WA) to order an administrator to distribute a beneficiary's share of an intestate estate where the administrator had failed to distribute despite the accounts being passed and allowed. The Court confirmed that a successful litigant in person is limited to recovering actual out-of-pocket expenses reasonably incurred (court filing fees and process server fees) and cannot recover solicitors' fees incurred before commencing proceedings as a self-represented party. The costs were ordered to be paid by the administrator personally and not from the plaintiff's share of the estate.
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