Deputy Curator of Deceased Estates, in the matter of Champion (No 2)
[2023] NFSC 6
•28 November 2023
SUPREME COURT OF NORFOLK ISLAND
Deputy Curator of Deceased Estates, in the matter of Champion (No 2) [2023] NFSC 6
File numbers: SC 1 of 2022
SC 2 of 2022Judgment of: BESANKO CJ Date of judgment: 28 November 2023 Date of publication of reasons: 25 January 2024 Legislation: Supreme Court Act 1960 (NI) s 29
Court Procedures Rules 2006 (ACT) r 6
Cases cited: Deputy Curator of Deceased Estates, in the matter of Champion [2023] NFSC 3 Number of paragraphs: 12 Date of hearing: 9 November 2023 Date of last submissions: 27 November 2023 Solicitor for the Applicant: Mr F J Grose, John Grose, Solicitor ORDERS
SC 1 of 2022 IN THE MATTER OF THE ESTATE OF WILLIAM NIHILL CHAMPION
DEPUTY CURATOR OF DECEASED ESTATES, IN THE ESTATE OF WILLIAM NIHILL CHAMPION (IN THE WILL DESCRIBED AS WILLIAM NAHILL CHAMPION) LATE OF NORFOLK ISLAND, DECEASED
Applicant
ORDER MADE BY: BESANKO CJ DATE OF ORDER: 28 NOVEMBER 2023 THE COURT ORDERS THAT:
1.The estate of William Nihill Champion deceased be distributed equally to the estates of the deceased children of William Nihill Champion who survived him, namely:
(a) Walter Hutton Champion;
(b) William Anderson Champion;
(c) Isabella May Champion;
(d) Malcolm Eadie Champion; and
(e) Alice Augusta Champion.
2.Margaret Grace Jeans and Ilona Faye Champion be appointed administrators of the estate of Walter Hutton Champion deceased limited to administration and distribution of his share in the estate of William Nihill Champion deceased.
3.Without prejudice to the rights of any person to trace his, her or their share into the hands of the recipient if it be established that they are entitled to share in the estate by Will or otherwise, the Curator is justified in distributing the share of William Anderson Champion deceased on the presumption he died intestate.
4.Virginia Kay Sherriff and Thea Murdene Vennell be appointed administrators of the estate of William Anderson Champion deceased limited to administration and distribution of his share in the estate of William Nihill Champion deceased.
5.Upon issue of a Grant of Probate of the Will of Miles Selwyn Dillon deceased, Rosemary Anne Dillon is the succeeding executor under the estate of Isabella May Champion deceased.
6.Without prejudice to the rights of any person to trace his, her or their share into the hands of the recipient if it be established that they are entitled to share in the estate by Will or otherwise, the Curator is justified in distributing the share of Malcolm Eadie Champion deceased on the presumption he died intestate.
7.Richard Meikle be appointed administrator of the estate of Malcolm Eadie Champion deceased limited to administration and distribution of his share in the estate of William Nihill Champion deceased.
8.Geoffrey Court Rendell is the succeeding executor under the estate of Alice Augusta Champion deceased.
9.The Curator be authorised to make distribution of the estate of William Nihill Champion deceased in accordance with the above orders.
10.The Deputy Curator have liberty to refer the matter back to the Court on seven days’ notice should any further question or issue arise.
11.The Deputy Curator be entitled to deduct statutory commission and the expenses incurred in the administration and these proceedings from the trust monies prior to distribution.
12.Pursuant to all enabling powers, including rule 6 of the Court Procedures Rules 2006 (ACT) and section 29 of the Supreme Court Act 1960 (NI) and to the extent necessary, I dispense with the requirements of the said Rules in relation to the sealing and signing of documents in this proceeding and should there be a defect or irregularity, I declare the proceeding valid as I am satisfied there is no substantial injustice by reason of such defect or irregularity.
SC 2 of 2022 IN THE MATTER OF THE ESTATE OF SARAH CLARA CHAMPION
DEPUTY CURATOR OF DECEASED ESTATES, IN THE ESTATE OF SARAH CLARA CHAMPION LATE OF NORFOLK ISLAND, DECEASED
Applicant
ORDER MADE BY:
BESANKO CJ
DATE OF ORDER:
28 NOVEMBER 2023
THE COURT ORDERS THAT:
1.The estate of Sarah Clara Champion, having died intestate at Norfolk Island on 31 December 1894, be distributed in accordance with the declaration and enactment of William Thomas Dennison, Governor of Norfolk Island, dated 12 October 1860 titled “Laws for regulating the transfer of, and dealings in land, in Norfolk Island”.
2.The estate of Sarah Clara Champion deceased be distributed equally to the estates of the deceased children of Sarah Clara Champion who survived her, namely:
(a) Walter Hutton Champion;
(b) William Anderson Champion;
(c) Isabella May Champion;
(d) Malcolm Eadie Champion; and
(e) Alice Augusta Champion.
3.Margaret Grace Jeans and Ilona Faye Champion be appointed administrators of the estate of Walter Hutton Champion deceased limited to administration and distribution of his share in the estate of Sarah Clara Champion deceased.
4.Without prejudice to the rights of any person to trace his, her or their share into the hands of the recipient if it be established that they are entitled to share in the estate by Will or otherwise, the Curator is justified in distributing the share of William Anderson Champion deceased on the presumption he died intestate.
5.Virginia Kay Sherriff and Thea Murdene Vennell be appointed administrators of the estate of William Anderson Champion deceased limited to administration and distribution of his share in the estate of Sarah Clara Champion deceased.
6.Upon issue of a Grant of Probate of the Will of Miles Selwyn Dillon, Rosemary Anne Dillon is the succeeding executor under the estate of Isabella May Champion deceased.
7.Without prejudice to the rights of any person to trace his, her or their share into the hands of the recipient if it be established that they are entitled to share in the estate by Will or otherwise, the Curator is justified in distributing the share of Malcolm Eadie Champion deceased on the presumption he died intestate.
8.Richard Meikle be appointed administrator of the estate of Malcolm Eadie Champion deceased limited to administration and distribution of his share in the estate of Sarah Clara Champion deceased.
9.Geoffrey Court Rendell is the succeeding executor under the estate of Alice Augusta Champion deceased.
10.The Curator be authorised to make distribution of the estate of Sarah Clara Champion deceased in accordance with the above orders.
11.The Deputy Curator have liberty to refer the matter back to the Court on seven days’ notice should any further question or issue arise.
12.The Deputy Curator be entitled to deduct statutory commission and the expenses incurred in the administration and these proceedings from the trust monies prior to distribution.
13.Pursuant to all enabling powers, including rule 6 of the Court Procedures Rules 2006 (ACT) and section 29 of the Supreme Court Act 1960 (NI) and to the extent necessary, I dispense with the requirements of the said Rules in relation to the sealing and signing of documents in this proceeding and should there be a defect or irregularity, I declare the proceeding valid as I am satisfied there is no substantial injustice by reason of such defect or irregularity.
REASONS FOR JUDGMENT
BESANKO CJ:
On 9 November 2023, I delivered reasons for judgment on two applications one involving the estate of William Nihill Champion late of, Norfolk Island, deceased and the other involving the estate of Sarah Clara Champion, late of, Norfolk Island, deceased, (Deputy Curator of Deceased Estates, in the matter of Champion [2023] NFSC 3). I made an order that, to the extent necessary, the Deputy Curator be heard further on the form of the orders to be made.
At that point in time, there were two outstanding issues to be resolved. First, I asked the Deputy Curator to consider whether where there are two succeeding executors and recognition of only one succeeding executor is sought, there is a need to give notice to the other succeeding executor. This situation arose in the case of the estate of Isabella May Dillon (nee Champion) and the estate of Alice Augusta Rendell (nee Champion).
After publishing my principal reasons, the Deputy Curator advised the Court that Miles Selwyn Dillon, succeeding executor under the estate of Isabella May Dillon (Isabella), died in September 2023. The second issue is whether there is a new succeeding executor under Isabella’s estate.
On 27 November 2023, solicitor for the Deputy Curator, Mr Frederick John Grose, swore and filed an affidavit annexing further evidence to address these issues.
The two applications came back before the Court on 28 November 2023. I made the orders sought by the Deputy Curator and said that I would deliver brief additional reasons addressing the matters set out above. These are those reasons.
In light of the further evidence provided in relation to the succeeding executors, it is not necessary to resolve the first issue. In the estate of Alice Augusta Rendell (Alice), there were two succeeding executors, Geoffrey Court Rendell and Henry Bruce Johnson. The only order sought in relation to Alice’s estate was an order recognising Geoffrey Court Rendell as the succeeding executor. In the principal reasons at [59], I decided that was an appropriate order and noted there was no evidence as to the position and circumstances of Mr Johnson.
Mr Grose deposes that internet searches have since informed him that a Henry Bruce Johnson, born at Auckland, New Zealand on 8 June 1918 and married to Josephine Grace Johnson (nee Taylor), died in Auckland on 19 July 2006. Mr Grose states that Geoffrey Court Rendell has confirmed that the information relating to Mr Johnson’s death is correct and advised that he was an executor of Mr Johnson’s will, but no longer holds any documentation. I am satisfied that Mr Johnson died on 19 July 2006 and that Geoffrey Court Rendell is the sole succeeding executor under the estate of Alice.
In the estate of Isabella, there were two succeeding executors, Miles Selwyn Dillon and Anthony Clive Sandlant. The only order sought in relation to Isabella’s estate was an order recognising Miles Selwyn Dillon as the succeeding executor. In the principal reasons at [50], I concluded that was an appropriate order and noted there was no evidence as to the position and circumstances of Mr Sandlant.
Upon the death of Miles Selwyn Dillon, Mr Sandlant became the sole succeeding executor. On 22 November 2023, Mr Sandlant signed a document renouncing his role of succeeding executor in the estate of Isabella. Mr Sandlant states that at the time of acting as executor in the estate of Lillian Selwyn Dillon, he was a partner at a law firm in Auckland, New Zealand. Mr Sandlant is now 80 years old and retired from legal practice over 10 years ago.
Miles Selwyn Dillon died in Auckland, New Zealand, on 1 September 2023. He left a will dated 5 July 2023 and by his will, appointed his sister, Rosemary Anne Dillon and her partner, Gregory Victor Graydon, as his executors. Mr Grose deposes that probate has been applied for by the executors, but has not yet been granted and may take some months.
Upon probate being granted to them, Rosemary Anne Dillon and Gregory Victor Graydon will be succeeding executors in the estate of Isabella. In November 2023, Gregory Victor Graydon signed a document renouncing his role of succeeding executor in the estate of Isabella. Mr Grose states that Rosemary Anne Dillon is prepared to act as succeeding executor is the estate of Isabella to effect distribution in the estates of Sarah Clara champion and William Nihill Champion subject to probate of the will of Miles Selwyn Dillon being granted.
The order sought in relation to Isabella’s estate was that upon the issue of a grant of probate of the will of Miles Selwyn Dillon, Rosemary Anne Dillon is the succeeding executor under the estate of Isabella May Champion deceased. In the circumstances, that was an appropriate order.
I certify that the preceding twelve (12) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Chief Justice Besanko. Associate:
Dated: 25 January 2024
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