Read & Anor v. Vandeleur

[2007] QSC 312

[2007] QSC 312

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Claim No 36 of 2007

ADELE MAREE READ	First Plaintiff
and
PETER JAMES READ	Second Plaintiff
and
VINCENT JON VANDELEUR	First Defendant
and
BARRY JAMES TOGNOLA	Second Defendant
and
MARGARET WELLS	Third Defendant
and
JOHN GEOFFREY WILLIAMS	Fourth Defendant
and
HELEN LEIGH WILLIAMS	Fifth Defendant
and
BRIAN HENRY HARE	Sixth Defendant
and
JOHN HARE	Seventh Defendant

CAIRNS

..DATE 03/08/2007

JUDGMENT

HIS HONOUR:  This is an application by the sixth name respondent in the action for the appointment of the first and second defendants as executors of the estate which is the subject of the proceedings, pending the determination of the issue. The first and second defendants were the executors nominated by the testator in both the last dated will and the will which the plaintiffs seek to propound.

While the first and second defendant are prepared to accept the office of administrator pending the outcome of the determination of the litigation, and all other parties consent to that course being followed, there are good reasons why the estate should be under administration. Given the consent of all parties concerned, I make the following orders:

(1)Vincent John Vandeleur and Barry James Tognola be appointed as administrators of the estate of the late Henry John Hare, pending the determination of this matter; and

(2)That the costs of all parties, of and incidental to this application be paid by the estate on an indemnity basis.

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