Recent Cases

Ritossa v Ritossa [2023] NSWCA 14 (15 February 2023) (Bell CJ, Gleeson and White JJA)


Catchwords:


SUCCESSION – probate and administration – appointment of interim administrator where underlying proceedings involved multiple contested wills – interpretation of s 73 of the Probate and Administration Act 1898 (NSW) – whether discretion to appoint interim administrator properly exercised – whether necessary to find that estate assets were ‘in jeopardy’ in order for administrator to be appointed – where toxic relationship between parties seeking to propound different wills – where dispute between parties as to management of the estate pending resolution of underlying proceedings

APPEALS – leave to appeal – principles governing – appeal from an interlocutory decision – leave refused