Bellman v Peters

In Bellman v Peters, the applicant sought orders for the respondent, who was the executor and trustee of the estate of the deceased, to file an administration account and to be removed from their roles. The estate was left to five children as tenants in common, with the main assets being an interest in land and a share in a company. The respondent incorrectly listed the estate's assets and did not list any liabilities when probate was granted. The respondent later transferred the estate's interest in land to a company for $200,000, which was paid to the mortgagee. The applicant only sought information about the estate's assets and administration in 2017.

The court was required to decide whether the administration account filed by the respondent was compliant with the relevant legislation, specifically the Administration and Probate Act 1958. The court also needed to determine if the judge erred in not removing the respondent as executor and trustee due to alleged conflicts of interest and failure to properly administer the estate. The court was further required to consider the circumstances in which an appeal could be allowed by consent.

The court found that the administration account was not compliant as it included the nominal value of the share in the company rather than the market value. The court held that the judge erred in not considering the removal application properly and found that there was a conflict of interest in the sale of the interest in land to the company. The court allowed the appeal by consent and set aside the orders that had been made. The court held that an appeal by consent can be made in appropriate circumstances, such as where there is a clear error of law and the parties agree to the appeal.