Roma v Ketchup

The applicants, Roma and Barrett, sought relief in the Supreme Court of Queensland in relation to the estate of Cyril Michael Roma Snr, who died intestate. Roma is the deceased's sister, and Barrett is his eldest son. The first respondents were the deceased's wife and daughter, who had obtained an order from the coroner for the release of the deceased's body for burial. The second respondent was the funeral director to whom the body had already been released. The applicants sought an injunction to restrain the respondents from burying the deceased, an order for the release of the body to them, and an order that they be appointed as administrators of the estate.

The legal issues before the court included whether the applicants had standing to bring the action, and if so, whether the injunction and orders sought should be granted. The court held that the applicants had standing as relatives of the deceased with a legitimate interest in the proper administration of the estate. The court also found that the respondents had acted without due regard for the applicants' interests and that the injunction and orders should be granted. The court held that the respondents had acted in a manner that was inconsistent with their duties as executors and administrators of the estate.

The court granted the orders sought by the applicants, restraining the respondents from burying the body of the deceased, ordering the release of the body to the applicants, and granting letters of administration to Barrett. The court limited the grant of administration to the collection and preservation of the assets of the estate, with power to expend moneys from the estate on reasonable funeral expenses. The court held that the applicants had demonstrated a sufficient interest in the proper administration of the estate and that the orders were necessary to ensure that the estate was administered in accordance with the wishes of the deceased, as far as they could be ascertained.