Janssen as Administrator of the Estate of Dr J?Rg Dieter Krone

[2026] WASC 23

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Estates
2. › Administration of estates
3. › Judicial advice to administrator
4. › Application under s 92 of the Trustees Act 1962 (WA)
5. › Whether administrator justified in defending claims against estate
6. › Whether administrator justified in commencing proceedings to recover debt owed to estate
7. › Considerations relevant to giving judicial advice
8. › Prospects of success
9. › Costs proportionate to benefit
10. › Interests of beneficiaries
11. › Trustees Act 1962 (WA), s 92
1. Equity
2. › Estoppel
3. › Proprietary estoppel
4. › Elements of proprietary estoppel claim based on oral promise
5. › Whether promise sufficiently clear and unequivocal
6. › Whether reliance and detriment established
1. Practice and Procedure
2. › Judicial advice proceedings
3. › Nature of judicial advice application as summary process
4. › Not a trial of the issues
5. › Whether litigation justified rather than whether it will succeed

Quick Take

An administrator seeking judicial advice under s 92 of the Trustees Act 1962 (WA) may be advised to adopt a nuanced, issue-by-issue approach to defending estate proceedings rather than a blanket approach, including maintaining neutrality on some issues and actively defending others depending on the interests of the beneficiaries.