Meisner v The Crown

The matter before the court was an application by Meisner to have a deceased estate declared bona vacantia. The deceased, who had been domiciled in Israel, died intestate and without any surviving next of kin. The deceased had owned property in New South Wales, which was the subject of the application. The court had to determine whether the property should be declared bona vacantia and vested in the Crown.

The court needed to decide whether the deceased was domiciled in New South Wales for the purposes of determining the applicable intestacy laws. The court also had to consider whether the deceased had any surviving next of kin, including any potential claims by distant relatives or the state of Israel. The court had to balance the competing interests of the state and potential claimants to the estate.

The court found that the deceased was domiciled in Israel and not New South Wales. As a result, the intestacy laws of Israel applied, and the court had no jurisdiction to declare the property bona vacantia. The court also found that the deceased had no surviving next of kin, including any potential claims by distant relatives or the state of Israel. The court noted that the property would escheat to the state of Israel under its laws. The court dismissed the application and found that the property should not be declared bona vacantia and vested in the Crown.

The court's decision was final and binding, and the property remained the subject of the jurisdiction of the state of Israel. The applicant had the right to appeal the decision within the applicable time frame. The court's decision was an important clarification of the law relating to intestate succession and the application of foreign laws in Australian courts.