[1964] VR 201
Re ROWE, deceased
SUPREME COURT OF VICTORIA
SHOLL, J
19, 24 February 1964
[1964] VR 201
Administration and probate — Administration ad litem — Previous limited grant
for one purpose — Subsequent limited grant may be made for other purpose — Action commenced more than six months after grant is matter of defence — Administration and Probate Act 1958 (No. 6191), s29
.
A grant of letters of administration ad litem was made to enable the estate of
a deceased driver to contest an expected claim for contribution or indemnity
by the driver of another motor car. Subsequently, more than six months after
the first grant, application for a grant of letters of administration ad litem
was made to enable an injured passenger to bring an action against the estate
of the deceased driver. Upon objection taken that because s29(3)(b) of the
Administration and Probate Act 1958 required proceedings to be taken against
the estate not later than six months after the deceased's personal
representative took out representation, and that therefore no proceedings were
now maintainable against the estate of the deceased,
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[1964] VR 201
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