Yazbek v Yazbek (No 2)

The case of Yazbek v Yazbek (No 2) involved the plaintiff and the defendants, who were the children of the deceased. The dispute centred around the administration of the deceased's estate, specifically the decision to grant administration to the defendants due to the intestacy of the deceased. The plaintiff sought to have the grant of administration revoked, and instead, independent administrators appointed. The plaintiff also argued for the recovery of costs incurred by the parties from the estate, on a basis of costs following the course of the proceedings.

The court was required to determine several legal issues. Firstly, whether the grant of administration to the defendants should be revoked and independent administrators appointed. Secondly, whether the plaintiff and defendants should have their costs out of the estate and, if so, on what basis. The court had to consider the circumstances of the estate, the conduct of the parties, and relevant statutory provisions in making its determination.

The court found that the grant of administration to the defendants should not be revoked and independent administrators appointed. The court held that the defendants had acted in good faith and had not breached any of their fiduciary duties. The court also held that the plaintiff and defendants should bear their own costs, but if costs were to be paid out of the estate, they should be on a basis that reflected the course of the proceedings. The court considered that the plaintiff's claim was not entirely without merit and that it had not been entirely without justification.

No further orders were made by the court.