The Public Trustee in and for the State of Western Australia v Seow

The Public Trustee in and for the State of Western Australia sought to be appointed as the receiver and administrator of the estate of Qwat Ewe Khoo, who passed away in August 2000. The application was heard by Heenan J, who noted that the estate had not yet been administered due to a dispute over the validity of a will executed in February 2000. This will restricted its dispositions to real and personal estate situated in Australia. The deceased had also executed an earlier will in January 1999, which disposed of both Australian and foreign property. The court found that the appointment of an administrator and receiver was necessary to protect the estate and ensure that assets were preserved and managed appropriately pending the resolution of the dispute over the wills.

The court considered the legal issues surrounding the appointment of an administrator and receiver under the Administration Act, s 35, and the grounds for such an appointment. The court noted that the appointment could be made where proceedings touching the validity of a will were pending, as was the case here with the application for proof of the will in solemn form. The court also considered the need to appoint an administrator and receiver to protect the assets of the estate, particularly the property located in Western Australia, which was not adequately managed by the deceased's daughter, the first defendant.

Heenan J concluded that the appointment of the Public Trustee as administrator and receiver was appropriate, as they were an independent statutory officer with no interest in the distribution of the estate. The court made orders appointing the Public Trustee as the administrator and receiver of the estate, with powers to take possession of, collect, and protect the assets, inspect documents, and inspect the property at Robertson Place, Bibra Lake and its contents for the purpose of carrying out a valuation and inventory. The first defendant was allowed to continue to occupy the property, subject to paying all land rates, water rates, utility bills, and future land tax. The orders also allowed the first defendant to retain personal assets of the estate currently in her possession, on condition that she did not alienate, dispose of, or encumber any such assets. The court noted that the powers of administration and receivership should extend to foreign assets, pending further submissions from the parties.