Meynert v Leafdale Pty Ltd

Case [2005] WASC 102


FERNE PETA MEYNERT as Executrix of the Estate of GIUSEPPE & GIUSEPPINA PITTORINO -v- LEAFDALE PTY LTD as Trustee for PITTORINO FAMILY ARRANGEMENT TRUST & ANOR [2005] WASC 102



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASC 102
Case No:CIV:1096/20055 MAY 2005
Coram:MASTER NEWNES25/05/05
15Judgment Part:1 of 1
Result: No caveatable interest shown
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Parties:FERNE PETA MEYNERT as Executrix of the Estate of GIUSEPPE & GIUSEPPINA PITTORINO
LEAFDALE PTY LTD as Trustee for PITTORINO FAMILY ARRANGEMENT TRUST
REGISTRAR OF TITLES

Catchwords:

Real property
Caveats
Application  to show cause why caveat should not be removed
Whether residuary beneficiary under a will has caveatable interest in assets of estate before completion of administration

Legislation:

Inheritance (Family and Dependants' Provision) Act 1972 (WA)
Transfer of Land Act 1893 (WA), s 137, s 138, s 138A, s 142

Case References:

Bahr v Nicolay (No 2) (1988) 164 CLR 604
Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales (Finance) Pty Ltd (1974) 131 CLR 321
Commissioner of Stamp Duties (Qld) v Livingston [1965] AC 694
Connell v Bond Corporation Pty Ltd (1992) 8 WAR 352
Custom Credit Corporation v Ravi Nominees Pty Ltd (1992) 8 WAR 42
Kuper & Kuper v Keywest Constructions Pty Ltd & Anor (1990) 3 WAR 419

Attorney-General v Breckler (1999) 197 CLR 83
Barns v Barns (2003) 214 CLR 169
Bonini v WA Real Estate Custodian Ltd [2001] WASC 258
Eng Mee Yong v Letchumanan [1980] AC 331
Gisborne v Gisborne (1877) 2 App Cas 300
Livingston v Commissioner of Stamp Duties (Qld); Coulson (dec) (1960) 107 CLR 411
Official Receiver in Bankruptcy v Schultz (1990) 170 CLR 306
Romano v Romano; Estate of Romano [2004] NSWSC 775
Stokes v Churchill; Estate of Frier, unreported; SCt of NSW (Santow J); 5189/90; 16 December 1993
Tankard v Midland Bank Executor and Trustee Company Limited [1942] Ch 69
Wendt v Orr [2004] WASC 28(S)
Whale v Booth (1784) 4 Term Rep 625; 99 ER 755

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : FERNE PETA MEYNERT as Executrix of the Estate of GIUSEPPE & GIUSEPPINA PITTORINO -v- LEAFDALE PTY LTD as Trustee for PITTORINO FAMILY ARRANGEMENT TRUST & ANOR [2005] WASC 102 CORAM : MASTER NEWNES HEARD : 5 MAY 2005 DELIVERED : 25 MAY 2005 FILE NO/S : CIV 1096 of 2005 BETWEEN : FERNE PETA MEYNERT as Executrix of the Estate of GIUSEPPE & GIUSEPPINA PITTORINO
    Plaintiff

    AND

    LEAFDALE PTY LTD as Trustee for PITTORINO FAMILY ARRANGEMENT TRUST
    First Defendant

    REGISTRAR OF TITLES
    Second Defendant



Catchwords:

Real property - Caveats - Application to show cause why caveat should not be removed - Whether residuary beneficiary under a will has caveatable interest in assets of estate before completion of administration



(Page 2)

Legislation:

Inheritance (Family and Dependants' Provision) Act 1972 (WA)


Transfer of Land Act 1893 (WA), s 137, s 138, s 138A, s 142


Result:

No caveatable…

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AGLC
Meynert v Leafdale Pty Ltd [2005] WASC 102
Case
[2005] WASC 102
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Western Australia was an application by Ferne Peta Meynert, the executrix of the estates of Giuseppe and Giuseppina Pittorino, to compel Leafdale Pty Ltd, the trustee of the Pittorino Family Arrangement Trust, to show cause why caveats it had lodged over three Lancelin properties should not be removed. The caveats were based on the trustee's claim to be the sole beneficiary of the remainder of the estates of Giuseppe and Giuseppina Pittorino under their wills. The primary issue for the court was whether the trustee had a caveatable interest in the properties while the estates were still under administration. The court considered the nature of a beneficiary's interest in an unadministered estate, noting that such an interest is not proprietary but rather a right to compel proper administration. The court held that the trustee, as a beneficiary, did not have a proprietary interest in the properties and therefore lacked a caveatable interest. Consequently, the court ruled that the trustee had not shown cause why the caveats should not be removed.

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