Australia and New Zealand Banking Group Limited v Desmond Patrick John Last

The case of Australia and New Zealand Banking Group Limited v Desmond Patrick John Last involved the banking group as the plaintiff and Desmond Patrick John Last as the defendant. The dispute centred around the management of Last's estate by the NSW Trustee, following his disappearance. The banking group sought an order to commit Last's estate to management, given his status as a missing person. The court needed to determine whether Last was indeed missing, whether alternatives to committing the estate to management were preferable, and whether the banking group had the standing to seek such an order.

The court's analysis focused on the criteria for declaring a person missing under the Succession Act 2006 (NSW). It examined whether there was sufficient evidence to conclude that Last was missing, considering the length of time he had been absent and the circumstances of his disappearance. The court also considered whether there were alternative methods of managing the estate that might be more appropriate, such as appointing a receiver or appointing a committee of management. Finally, the court assessed whether the banking group, as a mortgagee, had the necessary standing to apply for an order to commit the estate to management.

The court concluded that Last was missing, as he had been absent for an extended period without any contact or explanation. It found that committing the estate to management was the most appropriate course of action, given the circumstances. The banking group was deemed to have standing to seek the order, as it had a financial interest in the estate. Consequently, the court made an order committing Last's estate to the management of the NSW Trustee.

The final orders included the commitment of Last's estate to management by the NSW Trustee, recognising the banking group's standing to seek such an order, and affirming that Last was missing. These orders aimed to protect the estate and manage it effectively in the absence of the missing person.