Bayside Council v Estate of Goodman

Bayside Council brought an action against the Estate of Goodman, deceased, seeking damages for breaches of building regulations and compliance orders. The dispute arose when it was discovered that Goodman had undertaken construction works without the necessary permits. Upon Goodman's death, the Council found that no formal grant of representation had been obtained by any interested parties, and they had refused to consent to represent the estate. The court was required to determine whether it could enter a representative order under UCPR rule 7.10(2) to allow the proceedings to continue against the deceased's estate and, if so, whether this could be done without the consent of the interested parties.

The court considered whether a representative order could be made in the absence of a formal grant of representation or the consent of interested parties. It noted that UCPR rule 7.10(2) allows the court to appoint a representative for a deceased estate or to continue proceedings against the deceased without a representative, subject to the court being satisfied that justice requires it. The court held that while a judgment could not be entered against a deceased person, it could be entered against a representative of their estate. This was irrespective of whether the order was in rem or in personam, as the essential requirement was that the court could proceed with the case to ensure justice was served.

The court concluded that it had the discretion to appoint a representative of the estate to proceed with the action, even if this meant appointing a party who was not a formal representative of the deceased. It found that justice required the proceedings to continue, and the Council had a legitimate claim against the estate. The court thus appointed a suitable party to represent the estate and allowed the case to proceed. The court's decision was that the Council could continue with its action against the Estate of Goodman, represented by the appointed party, to seek the relief it was entitled to.