STRATTON-KENT -v- KENT [2026] WASC 286

[2026] WASC 286 Page 1 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA IN CHAMBERS CITATION : STRATTON-KENT -v- KENT [2026] WASC 286 CORAM : MASTER RUSSELL HEARD : 25 FEBRUARY 2026 DELIVERED : 14 JULY 2026 PUBLISHED : 21 JULY 2026 FILE NO/S : CIV 1909 of 2025 BETWEEN : MARIA VIOLET STRATTON-KENT as administrator of the estate of ANDREW LESLIE KENT Plaintiff AND LAURA ESTHER KENT First Defendant ALEXANDER LAWRENCE KENT Second Defendant HUGO ARMADEUO KENT Third Defendant Catchwords: Trusts - Trustees - Application for directions - Trustees Act 1962 (WA) s 92 - Whether administrator of estate justified in defending proceedings - Whether administrator may use funds of the estate to defend proceedings - Turns on own facts -- 1 of 29 -- [2026] WASC 286 Page 2 Legislation: Trustees Act 1962 (WA) s 92, s 92(1), s 95, s 95(1) Result: Application granted Directions given pursuant to Trustees Act 1962 (WA) s 92 Category: B Representation: Counsel: Plaintiff : C P K Russell First Defendant : No appearance Second Defendant : No appearance Third Defendant : No appearance Solicitors: Plaintiff : Kershaw Legal First Defendant : Keypoint Law Pty Limited Second Defendant : Keypoint Law Pty Limited Third Defendant : No appearance Cases referred to in decision(s): AA as executor of the estate of BB v XX [No 2] [2024] WASC 39 Alsop Wilkinson (a firm) v Neary [1996] 1 WLR 1220 Application of Macedonian Orthodox Community Church St Petka Inc [No 2] [2005] NSWSC 558; Australian Executor Trustee Ltd v Attorney General (WA) [2015] WASC 439 Blatchford v Laine [2018] WASC 207 Boyle v Farano [2023] WASC 303 Cardaci v Cardaci [2022] WASC 166 Cardaci v Cardaci [2023] WASCA 158 Equity trustees Wealth Services Limited v The Attorney General of Western Australia [2024] WASC 324 In re Atkinson (dec) [1971] VicRp 73; [1971] VR 612 -- 2 of 29 -- [2026] WASC 286 Page 3 In re Evans [1986] 1 WLR 101 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42 Mainray Nominees Pty Ltd v Stoate [2025] WASC 145 Moyle v Quarles [No 3] [2025] WASC 443 Munro v Munro [2017] SASC 48 Plan B Trustees Ltd v Parker [No 2] [2013] WASC 216; (2013) 11 ASTLR 242 Re Addstone Pty Ltd (1997) 25 ACSR 357 Re Estate of Anastasios Keriacules Challis (dec) [2010] WASC 333 Read v Bowesco Pty Ltd [2013] WASC 240 Tsaknis v Lilburne [2010] WASC 152 Wood (as Co-Executor and Trustee of the Will of the Deceased) v Wood [No 4] [2014] WASC 393 -- 3 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 4 MASTER RUSSELL: Overview 1 This proceeding concerns the estate of the late Andrew Leslie Kent, who died on 10 September 2023 without leaving a will. Andrew's widow, Maria Violet Stratton-Kent, is the plaintiff in this proceeding in her capacity as the administrator of the deceased's estate. 2 With no disrespect to the deceased, to any of the parties or others I refer to, once identified, I will refer to them by their first names, as they have been referred to in the materials filed. I will refer to Maria in her personal capacity by her first name and, in her capacity as administrator of Andrew's estate, as the Administrator. 3 The Administrator applies for directions pursuant to s 92 of the Trustees Act 1962 (WA) that she is justified in defending claims made against Andrew's estate in Supreme Court of New South Wales proceeding 2024/00246210 (NSW Proceeding), and to use funds of Andrew's estate to do so (Application). 4 The NSW Proceeding has been brought by Andrew's eldest son, Alexander Lawrence Kent (Alex) in respect of Andrew's alleged conduct as executor of the estate of Andrew's late mother, Clara Kent (Clara). After Andrew died, Alex was appointed as administrator of Clara's estate and trustee of two testamentary trusts created under Clara's will, referred to as the Residue Trust and the Carlotta Trust (together the Testamentary Trusts). 5 In support of the Application, the Administrator relies on an outline of submissions filed on 5 February 2026 and affidavits sworn by her on 12 August 2025 (First Stratton-Kent Affidavit) and 2 February 2026 (Second Stratton-Kent Affidavit). She also relies on affidavits sworn by her solicitor, Michele Ann Kershaw, on 10 October 2025 (Kershaw Affidavit) and 23 February 2026 (Second Kershaw Affidavit). 6 I made orders on 25 February 2026 for the Administrator to file a further affidavit in relation to the assets and liabilities of Andrew's estate as at the date of Andrew's death and as at the date of the hearing of the Application. A further affidavit of the Administrator was sworn and filed on 26 February 2026 (Third Stratton-Kent Affidavit). -- 4 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 5 7 Andrew's adult children are the defendants to the Application. They are: (a) the first defendant, Laura Esther Kent (Laura), who resides in the United Kingdom; (b) the second defendant, Alex, who resides in Singapore; and (c) the third defendant, Hugo Armadeuo Kent, also known as Hugo Armadeuo Stratton-Kent, (Hugo), who resides in Western Australia. 8 Laura and Alex have both entered an appearance and a notice of intention to abide the court's decision, other than as to costs. Hugo has been served with, and is on notice of, the Application but has not entered an appearance or taken any part in the Application. 9 For the reasons that follow, I am satisfied that it is appropriate to give the directions sought that the Administrator is justified in defending the NSW Proceeding and in using funds of Andrew's estate to do so. Other materials referred to and relied upon 10 The relevant factual background, as deposed to in the affidavits filed in support of the Application, is helpfully outlined in the Administrator's outline of submissions. 11 In addition to the affidavits I have referred to, the submissions refer to the pleadings and affidavits filed in the NSW Proceeding, including affidavits sworn by Alex on 3 July 2024 (First Alex Kent NSW Affidavit) and 28 August 2024 (Second Alex Kent NSW Affidavit), and an affidavit sworn by the Administrator on 30 July 2025 (Stratton-Kent NSW Affidavit). Copies of those affidavits are annexed to the First Stratton-Kent Affidavit. Andrew's estate 12 Andrew died on 10 September 2023 in Western Australia. He had been domiciled in Western Australia for at least 20 years before his death and left assets in Western Australia. He did not leave a will.1 13 Andrew's parents both predeceased him. His father, Bela Kent (Bela) died in 1982, and his mother, Clara Kent (Clara), died 1 First Stratton-Kent Affidavit [3], [5]. -- 5 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 6 on 3 December 2002.2 He was survived by Maria and his three children, Laura, Alex and Hugo,3 who each have an interest in Andrew's estate as provided in s 14 of the Administration Act 1903 (WA). 14 On 24 July 2024, the Administrator was granted letters of administration in respect of Andrew's estate by this court.4 15 The Administrator deposes in the Stratton-Kent NSW Affidavit that, other than 'some real property that was located in New South Wales', Andrew's estate will be distributed as follows:5 (a) the household chattels and the first $472,000 to Maria; (b) one third of the residue to Maria; and (c) the remaining two thirds of the residue, in equal shares to Andrew's children, Alex, Laura and Hugo. 16 Relevantly, at the date of his death, Andrew: (a) was the sole director and shareholder of Ileveter Pty Ltd (Ileveter);6 (b) was the sole director, company secretary and shareholder of Blue Sea Investment Holdings Pty Ltd (Blue Sea),7 the corporate trustee of the Ajax Super Fund; (c) had a beneficial interest in Drysdale Investments Limited, a company registered in the Bahamas (Drysdale);8 (d) was the beneficial owner of at least two of the four issued shares in Anniss Trading Company Limited, a company registered in Hong Kong (Anniss);9 and 2 First Stratton-Kent Affidavit, 'MSK-1', pages 8, 10, being the First Alex Kent NSW Affidavit [6], [13], [15]. 3 First Stratton-Kent Affidavit [4]. 4 First Stratton-Kent Affidavit [7]; First Stratton-Kent Affidavit, 'MSK-12', page 1197, being the Stratton-Kent NSW Affidavit [17], 'MSK01'. 5 First Stratton-Kent Affidavit, 'MSK-12', page 1197, being the Stratton-Kent NSW Affidavit [18]. 6 First Stratton-Kent Affidavit, 'MSK-2', pages 99 - 107, being the First Alex Kent NSW Affidavit, 'AK1' (Current & Historical Company Extract for Ileveter). 7 First Stratton-Kent Affidavit, 'MSK-6', pages 944 - 945, being the Second Alex Kent NSW Affidavit, 'AK3' (Current Company Extract for Blue Sea). 8 First Stratton-Kent Affidavit, 'MSK-6', pages 935 - 943, being the Second Alex Kent NSW Affidavit, 'AK3'. -- 6 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 7 (e) was a director and the chairman of Aspermont Limited (Aspermont), a public company listed on the Australian Securities Exchange (ASX).10 17 I refer in further detail to each of those companies and their relevance to the NSW Proceeding later in these reasons. 18 As at the date of Andrew's death, 10 September 2023, the net value of his estate was $11,471,196.53, comprising assets with a value of $15,661,196.53 and liabilities of $4,190,000. Relevantly, the assets of the estate include:11 (a) two ordinary shares in Ileveter, then valued at $9,500,000; (b) interest in Drysdale, then valued at $2,129,196.53; (c) interest in Gold Streaming Company Pte Ltd (Gold Streaming), then valued at $52,000; and (d) real property at: (i) 14 Cavendish Street, Enmore, New South Wales; and (ii) 125 Bedford Street, Newtown, New South Wales, together the Properties. 19 Since Andrew's death, the Properties have each been sold, and the proceeds of sale of the Properties have been paid to the National Australia Bank to reduce the debts accrued to Andrew's estate.12 The value of Andrew's superannuation fund (the Ajax Super Fund) has also subsequently been included in the assets of his estate, as there was no binding nomination.13 20 As at the date of the Third Stratton-Kent Affidavit, 26 February 2026, the net value of Andrew's estate had increased to $14,591,342.64, comprising assets with an estimated value of $15,819,434.95 and 9 First Stratton-Kent Affidavit, 'MSK-1', page 11, 'MSK-2', pages 38 - 72, being the First Alex Kent NSW Affidavit [19], 'AK1'. 10 Second Stratton-Kent Affidavit [5], 'MSK14', pages 16 – 91 (Historical Company Extract for Aspermont). 11 Third Stratton-Kent Affidavit [3], 'MSK-15'. The 'MSK-15' annexure, statement of assets and liabilities, incorrectly refers to 125 Bedford Street as '12' Bedford Street. 12 Third Stratton-Kent Affidavit [6]. 13 Third Stratton-Kent Affidavit [7]. -- 7 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 8 liabilities of $1,228,092.31. Relevantly, the assets (and their estimated value) include:14 (a) two ordinary shares in Ileveter - $13,408,283.63; (b) interest in Drysdale - $1,029,972.81; (c) shares in Gold Streaming - $100,000; and (d) Ajax Super Fund - $1,276,178.51. 21 The Administrator deposes that she has calculated the value of the Ileveter shares as follows:15 (a) 171,183,375 shares in Aspermont Limited (Aspermont) at $0.007 per share as at 25 February 2026 - $1,198,283.63; (b) 93,072,079 shares in Taiko Critical Minerals Limited (NZ) (Taiko is the new entity comprising Barrytown Resources Limited and TIGA Minerals Limited) (Taiko) - $10,030,000; (c) 2,200,000 shares in Gold Streaming - $110,000; (d) term deposit - $1,500,000; (e) other cash at bank - approximately $1,300,000; and (f) debt owed by Taiko - $270,000, less an estimated capital gains tax liability in relation to the property in Wellington Street of $1,000,000. 22 One of the core allegations made by Alex in the NSW Proceeding is that the shares in Ileveter formed part of Clara's estate. The NSW Proceeding 23 On 11 September 2003, Andrew was appointed as the sole executor of Clara's estate and continued as such until his death.16 14 Third Stratton-Kent Affidavit [5], 'MSK-16'. 15 Third Stratton-Kent Affidavit [9] - [10]. The Administrator deposes that the values of the shares at (b) and (c) derive from the First Alex Kent NSW Affidavit [55]. 16 Second Stratton-Kent Affidavit [3]. -- 8 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 9 Subsequently, on 5 April 2024, Alex was appointed as the administrator of Clara's estate by the Supreme Court of New South Wales.17 24 On 3 July 2024, Alex filed an application with the Supreme Court of New South Wales to obtain leave to commence proceedings on behalf of Clara's estate concerning Andrew's conduct in the administration of the estate.18 25 On 13 September 2024, Alex obtained leave to commence the NSW Proceeding against Ileveter, Drysdale, Blue Sea and Maria in her capacity as Administrator.19 26 On 1 October 2024, the Administrator was served with an amended summons and statement of claim in the NSW Proceeding (NSW ASOC).20 On 9 April 2025, the NSW ASOC was further amended, naming Maria as the fifth defendant in her personal capacity.21 Various procedural steps have been taken in the NSW Proceeding, as outlined in the First Stratton-Kent Affidavit.22 27 Before considering the claims made in the NSW Proceeding, and to put them into context, it is convenient to outline relevant details concerning each of the companies and Clara's estate. I have been greatly assisted by the Administrator's submissions, which summarise the position by reference to the applicable affidavit evidence, from which I have extracted the following relevant factual background.23 Ileveter 28 Ileveter is an Australian company, which was incorporated on 28 September 1979, and is the first defendant in the NSW Proceeding.24 29 From the date of its incorporation until 2 August 2023, Anniss held all of the shares in Ileveter, non-beneficially.25 17 First Stratton-Kent Affidavit [9]; First Stratton-Kent Affidavit, 'MSK-1', page 8, being the First Alex Kent NSW Affidavit [1]. 18 First Stratton-Kent Affidavit [11], 'MSK-1', 'MSK-2'; Administrator's submissions [3]. 19 First Stratton-Kent Affidavit [14]. 20 First Stratton-Kent Affidavit [15], 'MSK-7' (NSW ASOC). 21 First Stratton-Kent Affidavit [17], 'MSK-9'. 22 See First Stratton-Kent Affidavit [15] - [20], 'MSK-7' - 'MSK-12'. 23 Administrator's submissions [16] - [60]. 24 First Stratton-Kent Affidavit, 'MSK-2', pages 99 - 107, being the First Alex Kent NSW Affidavit, 'AK1' (Current & Historical Company Extract for Ileveter). 25 First Stratton-Kent Affidavit, 'MSK-2', pages 99 - 107, being the First Alex Kent NSW Affidavit, 'AK1' (Current & Historical Company Extract for Ileveter). -- 9 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 10 30 From 2 August 2023 until his death, Andrew was the sole shareholder in Ileveter as beneficial owner of the shares.26 31 After obtaining the grant of letters of administration, Maria transferred the shares in Ileveter into her name as Administrator and appointed herself as the sole director of Ileveter on 29 July 2024.27 32 In the First Alex Kent NSW Affidavit, Alex deposes that Ileveter was used by Andrew as a holding company for various assets, including:28 (a) a large commercial property in Wellington Street, Perth, Western Australia, which was sold by receivers for Judo Bank for approximately $9.8 million (in respect of a debt of approximately $6 million); (b) 171,183,375 shares in Aspermont, estimated to be worth about $2,225,000; (c) 48,138,970 shares and 79,442,212 options over shares in New Zealand company titled TIGA Minerals Limited, with an estimated value of $4.8 million; (d) 52,308,836 shares in Barrytown Resources Limited, with an estimated value of $5,230,000; (e) 2,200,000 shares in a Singapore company, Gold Streaming, with an estimated value of $110,000; and (f) $2,780,000 being the proceeds of sale of two properties owned by Ileveter in Egan Street, Newtown, New South Wales.29 Blue Sea 33 Blue Sea is an Australian company, which was incorporated on 1 February 2008,30 is the trustee of the Ajax Super Fund and the third defendant in the NSW Proceeding. 26 First Stratton-Kent Affidavit, 'MSK-2', pages 99 - 107, being the First Alex Kent NSW Affidavit, 'AK1' (Current & Historical Company Extract for Ileveter). 27 First Stratton-Kent Affidavit, 'MSK-6', pages 931 - 934, being the Second Alex Kent NSW Affidavit, 'AK3' (Current Company Extract for Ileveter); First Stratton-Kent Affidavit, 'MSK-12', pages 1197 - 1198, being the Stratton-Kent NSW Affidavit [19], 'MSK01'. 28 First Stratton-Kent Affidavit, 'MSK-1', page 17, being the First Alex Kent NSW Affidavit [54] - [56]. 29 First Stratton-Kent Affidavit, 'MSK-1', pages 18 - 19, 'MSK-2', pages 229 - 242, being the First Alex Kent NSW Affidavit [61] - [64], 'AK1'. -- 10 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 11 34 Andrew was the sole director and shareholder of Blue Sea from the date of its incorporation until the date of his death.31 35 After obtaining the grant of letters of administration, Maria appointed herself as the sole director of Blue Sea, on 19 September 2024.32 36 As at 11 June 2024, Blue Sea owned 87,276,787 shares in Aspermont.33 Drysdale 37 Drysdale is a company registered in the Bahamas on about 6 March 2000,34 and is the second defendant in the NSW Proceeding. 38 The two issued shares in Drysdale are held on trust for Andrew.35 39 As at 11 June 2024, Drysdale owned 289,996,116 shares in Aspermont.36 Anniss 40 Anniss is a company incorporated in Hong Kong on 3 March 1978.37 41 At the date of Andrew's death: (a) shares Nos 1 and 4 were held on trust for the BK Investment Trust;38 30 First Stratton-Kent Affidavit, 'MSK-6', pages 944 - 945, being the Second Alex Kent NSW Affidavit, 'AK3' (Current Company Extract for Blue Sea); First Stratton-Kent Affidavit, 'MSK-12', page 1198, being the Stratton-Kent NSW Affidavit [20]. 31 First Stratton-Kent Affidavit, 'MSK-6', pages 944 - 945, being the Second Alex Kent NSW Affidavit, 'AK3' (Current Company Extract for Blue Sea); First Stratton-Kent Affidavit, 'MSK-12', page 1198, being the Stratton-Kent NSW Affidavit [20]. 32 First Stratton-Kent Affidavit, 'MSK-6', pages 944 - 945, being the Second Alex Kent NSW Affidavit, 'AK3' (Current Company Extract for Blue Sea); First Stratton-Kent Affidavit, 'MSK-12', page 1198, being the Stratton-Kent NSW Affidavit [20]. 33 First Stratton-Kent Affidavit, 'MSK-1', page 17, being the First Alex Kent NSW Affidavit [52]; First Stratton-Kent Affidavit, 'MSK-5', page 556, being the Second Alex Kent NSW Affidavit, 'AK2' (Blue Sea Holding Statement). 34 First Stratton-Kent Affidavit, 'MSK-6', pages 935 - 943, being the Second Alex Kent NSW Affidavit, 'AK3'. 35 First Stratton-Kent Affidavit, 'MSK-6', pages 935 - 943, being the Second Alex Kent NSW Affidavit, 'AK3'. 36 First Stratton-Kent Affidavit, 'MSK-1', page 17, being the First Alex Kent NSW Affidavit [52]; First Stratton-Kent Affidavit, 'MSK-5', page 556, being the Second Alex Kent NSW Affidavit, 'AK2'. 37 First Stratton-Kent Affidavit, 'MSK-1', page 11, 'MSK-2', pages 38 - 72, being the First Alex Kent NSW Affidavit [19], 'AK1'. -- 11 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 12 (b) shares Nos 2 and 3 were held by Andrew.39 42 At the date of incorporation two shares were subscribed for; one by Truspeak Nominees Limited (Truspeak) and one by Speaktrust Nominees Limited (Speaktrust).40 43 On 4 May 1978, Truspeak and Speaktrust became the shareholders of Anniss with one share each.41 44 The register of shareholders of Anniss shows that in about July 1978, two further shares were issued, one to Truspeak and one to Speaktrust. The register shows that subsequently, on 2 January 1979, the two shares held by Speaktrust (Nos 1 and 4) were transferred to Neil W Speakman and the two shares held by Truspeak (Nos 2 and 3) were transferred to Trevor P Batkin.42 45 On or about 2 January 1979, Trevor P Batkin declared that he held shares No 2 and 3 on trust for Speaktrust Limited (not Speaktrust Nominees Limited) as Trustee of the BK Investment Trust.43 46 On or about 16 April 1980, Neil W Speakman declared that he held shares No 1 and 4 on trust for Asian Corporate Advisers Limited as trustee of the BK Investment Trust.44 47 It was submitted on behalf of the Administrator that the evidence after that suggests that shares Nos 1 and 4 were held on trust for the BK Investment Trust,45 and that there is no further evidence shares Nos 2 and 3 were held on trust for the BK Investment Trust. They were transferred to Andrew in December 1998.46 38 First Stratton-Kent Affidavit, 'MSK-2', pages 63 - 66, 69 - 72, being the First Alex Kent NSW Affidavit, 'AK1'. 39 First Stratton-Kent Affidavit, 'MSK-2', pages 55, 67, being the First Alex Kent NSW Affidavit, 'AK1'. 40 First Stratton-Kent Affidavit, 'MSK-2', page 43, being the First Alex Kent NSW Affidavit, 'AK1'. 41 First Stratton-Kent Affidavit, 'MSK-2', page 54, being the First Alex Kent NSW Affidavit, 'AK1'. 42 First Stratton-Kent Affidavit, 'MSK-2', page 54, being the First Alex Kent NSW Affidavit, 'AK3'. 43 See First Stratton-Kent Affidavit, 'MSK-2', pages 57 - 58, being the First Alex Kent NSW Affidavit, 'AK1' (Declaration of Trust). It is noted on behalf of the Administrator that the declaration at page 58 of the First Stratton-Kent Affidavit is not stamped. 44 First Stratton-Kent Affidavit, 'MSK-2', page 61, being the First Alex Kent NSW Affidavit, 'AK1' (Declaration of Trust). 45 First Stratton-Kent Affidavit, 'MSK-2', pages 63 - 66, being the First Alex Kent NSW Affidavit, 'AK1'. 46 First Stratton-Kent Affidavit, 'MSK-2', pages 54 - 55, 67 - 68, being the First Alex Kent NSW Affidavit, 'AK1'. -- 12 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 13 BK Investment Trust 48 Alex contends in the NSW Proceeding that:47 (a) the shares in Anniss were beneficial assets of the BK Investment Trust; (b) Clara's husband, Bela, was the only nominated beneficiary of the BK Investment Trust; (c) Bela left all of his assets to Clara; and (d) upon Bela's death any rights Bela had under the BK Investment Trust became Clara's property. Aspermont 49 Aspermont is a public company, which was listed on the ASX in mid-2000.48 Alex is the managing director of Aspermont.49 50 Andrew was the Chairman of the board of directors of Aspermont at the date of his death.50 51 As noted, the shares in Aspermont are held as follows:51 (a) Drysdale - 289,996,116 shares; (b) Ileveter - 171,183,375 shares; and (c) Blue Sea - 87,276,787 shares, (together the Aspermont Shares). 52 Alex contends, in the NSW Proceeding, that the Aspermont Shares held by Drysdale, Ileveter and Blue Sea were purchased with funds belonging to Clara's estate or the Testamentary Trusts. 47 First Stratton-Kent Affidavit, 'MSK-1', page 12, being the First Alex Kent NSW Affidavit [21] - [25], 'AK1'. 48 Second Stratton-Kent Affidavit [5], 'MSK14', pages 19 - 91, particularly pages 87 - 88 (Historical Company Extract for Aspermont). 49 First Stratton-Kent Affidavit, 'MSK-1', page 15, being the First Alex Kent NSW Affidavit [46]. 50 First Stratton-Kent Affidavit, 'MSK-12', pages 1199, 1201, being the Stratton-Kent NSW Affidavit [36], [54]. 51 First Stratton-Kent Affidavit, 'MSK-1', page 17, being the First Alex Kent NSW Affidavit [52]; First Stratton-Kent Affidavit, 'MSK-5', pages 550 - 556, being the Second Alex Kent NSW Affidavit, 'AK2'. -- 13 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 14 Clara's Estate 53 Relevantly, Clara's estate included properties at:52 (a) 123 Bedford Street, Newtown, New South Wales (Bedford Street); and (b) 17 Carlotta Road, Double Bay, New South Wales (Carlotta Road). Bedford Street 54 Clara and Bela purchased Bedford Street on 23 February 1972.53 After Bela's death, Clara became the sole proprietor by survivorship.54 55 Bedford Street formed part of the residue of Clara's estate, which was devised to Alex and Laura55 (referred to as the Residue Trust). 56 Bedford Street was sold on 30 March 2023 for $1,750,000.56 Alex alleges that $904,865.32 from the proceeds of sale of Bedford Street were disbursed to Andrew.57 Carlotta Road 57 Clara and Bela purchased Carlotta Road on 11 January 1973.58 After Bela's death, Clara became the sole proprietor by survivorship.59 58 Carlotta Road was devised to Alex, Laura and Hugo in equal shares to be retained until the youngest (Hugo) attained the age of 25 years60 (referred to as the Carlotta Trust). 52 First Stratton-Kent Affidavit, 'MSK-1', page 9, being the First Alex Kent NSW Affidavit [11]. 53 First Stratton-Kent Affidavit, 'MSK-1', page 19, 'MSK-2', page 243, being the First Alex Kent NSW Affidavit [65], 'AK1' (Memorandum of Transfer). 54 First Stratton-Kent Affidavit, 'MSK-1', page 19, being the First Alex Kent NSW Affidavit [66]. 55 First Stratton-Kent Affidavit, 'MSK-3', page 281, being an affidavit of Alex sworn on 14 March 2024 [8]. See also First Stratton-Kent Affidavit, 'MSK-2', pages 27 - 29, being the First Alex Kent NSW Affidavit, 'AK1' (Clara's will). 56 First Stratton-Kent Affidavit, 'MSK-1', page 19, being the First Alex Kent NSW Affidavit [68]. 57 First Stratton-Kent Affidavit, 'MSK-3', page 421, being a settlement statement annexed to an affidavit sworn by Alex on 14 March 2024. 58 First Stratton-Kent Affidavit, 'MSK-1', page 19, 'MSK-2', pages 253 - 258, being the First Alex Kent NSW Affidavit [71], 'AK1' (Memorandum of Transfer). 59 First Stratton-Kent Affidavit, 'MSK-1', page 19, being the First Alex Kent NSW Affidavit [66], [72]. See also First Stratton-Kent Affidavit, 'MSK-2', page 255 - 256, being the First Alex Kent NSW Affidavit, 'AK1' (Certificate of Title). 60 First Stratton-Kent Affidavit, 'MSK-2', pages 27 - 29, being the First Alex Kent NSW Affidavit, 'AK1', (Clara's will). -- 14 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 15 59 Carlotta Road was sold in May 2016 for $4,400,000.61 Alex alleges that $2,857,703.05 from the proceeds of sale of Carlotta Road was disbursed to Andrew and $600,000 to Clara's estate.62 The allegations made in the NSW Proceeding 60 The allegations made in the NSW Proceeding concern alleged breaches of duty by Andrew and knowing involvement by each of Ileveter, Drysdale and Blue Sea. As outlined, in the Administrator's submissions, those allegations may be summarised as follows: (a) as executor of Clara's estate and trustee of the Testamentary Trusts, Andrew owed the following fiduciary duties to each of Laura, Alex and Hugo as beneficiaries: (i) a duty to administer Clara's estate in accordance with the terms of Clara's will;63 (ii) a duty to avoid making any profit personally from his use or application of trust assets without first obtaining the fully informed consent of the beneficiaries of the trust;64 (iii) a duty not to allow himself to be or remain in a position where his interests or the interests of a person other than Laura, Alex or Hugo were preferred by him, or were in conflict with, the interests of the estate or his obligations as trustee of the Testamentary Trusts;65 (iv) a duty to keep and maintain proper accounts, books and records in respect of dealings with assets of the estate and of the Testamentary Trusts;66 and (v) a duty to account for all dealings with trust or estate assets;67 61 First Stratton-Kent Affidavit, 'MSK-1', page 20, 'MSK-2', page 261, being the First Alex Kent NSW Affidavit [77], 'AK1'. 62 First Stratton-Kent Affidavit, 'MSK-1', page 20, being the First Alex Kent NSW Affidavit [78]; First Stratton-Kent Affidavit, 'MSK-3', page 421, being a settlement statement annexed to an affidavit sworn by Alex on 14 March 2024. 63 NSW ASOC [44(a)]. 64 NSW ASOC [44(b)]. 65 NSW ASOC [44(c)]. 66 NSW ASOC [44(d)]. 67 NSW ASOC [44(e)]. -- 15 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 16 (b) Andrew transferred the shares in Ileveter to himself when those shares formed part of Clara's estate;68 (c) Andrew caused Bedford Street to be transferred to himself, as trustee of the Residue Trust, and received: (i) the rental income from that property since 2003 in breach of trust;69 (ii) the proceeds of the sale of that property in January 2023;70 (d) Andrew caused Carlotta Road to be transferred to himself, as trustee of the Carlotta Trust, and: (i) Alex alleges that he was not aware that Andrew mortgaged Carlotta Road in favour of any loans;71 (ii) in May 2016, Andrew received the proceeds of the sale of Carlotta Road, save for $400,000 that was deposited into the 'Estate Account',72 and remained in the Estate Account;73 (e) Andrew: (i) on 2 June 2016, caused $600,000 from the proceeds of sale from Carlotta Road to be paid from the 'Andrew and Maria Account' to Aspermont in exchange for shares in Aspermont's public share issue;74 (ii) on 23 June 2016, caused $1,250,000 from the proceeds of sale from Carlotta Road to be paid from the Andrew and Maria Account to Aspermont in exchange for shares in Aspermont's public share issue;75 68 NSW ASOC [49] - [61]. 69 NSW ASOC [62] - [70]. 70 NSW ASOC [62] - [64], [71] - [75]. 71 NSW ASOC [81]. 72 The 'Estate Account' is a bank account Andrew maintained with National Australia Bank numbered 84-0491631 in the name of 'Andrew Kent as trustee for the estate of Clare Kent'. See NSW ASOC [83]. 73 NSW ASOC [76] - [87]. 74 NSW ASOC [88] - [95]. 75 NSW ASOC [88] - [97]. -- 16 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 17 (iii) on 24 June 2016, caused Aspermont to issue shares as follows to the following entities:76 (A) 95,685,209 to Drysdale; (B) 43,007,140 to Ileveter; (C) 3,984,375 to Anniss; and (D) 23,958,334 to Blue Sea; (f) each of Drysdale, Ileveter and Blue Sea received the shares in Aspermont with knowledge that Andrew had used funds from the sale of Carlotta Road in breach of his fiduciary duties, and participated in Andrew's breaches of fiduciary duties;77 (g) as at 5 July 2016, there remained approximately $1,200,000 to the credit of the Andrew and Maria Account,78 being the remaining funds from the sale of Carlotta Road, and those funds:79 (i) were used by Andrew for his personal expenses, without permission from the beneficiaries of the Carlotta Trust; (ii) have been used by Maria for her personal expenses, without permission from the beneficiaries of the Carlotta Trust; or (iii) remain unaccounted for; and (h) by reason of the breaches of fiduciary duties, Clara's estate has suffered loss and damage in the amount of lost assets to the use and benefit of Andrew, Ileveter, Drysdale and Blue Sea in the amount of $6,556,952.37.80 76 NSW ASOC [99]. 77 NSW ASOC [115] - [119]. 78 The 'Andrew and Maria Account' is an account Andrew and Maria maintained with the National Australia Bank numbered 89-486-6670. See NSW ASOC [45]. 79 NSW ASOC [102] - [112]. 80 This sum is the total of the following monies pleaded in the NSW ASOC: The 'Residue Trust' being a total of $2,655,215.32 made up of $1 million [67], $904,865.32 and $750,350 [72] - [74]; and the 'Carlotta Trust' being a total of $3,901,737.05 made up of $500,000, $2,857,703.05 [79] - [82], $344,034 [85], and $200,000 [86]. -- 17 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 18 61 Alex, in his capacity as administrator of Clara's estate, seeks the following relief: (a) a declaration that Andrew was in breach of fiduciary duties owed by him to the beneficiaries of Clara's estate; (b) as against Ileveter, Drysdale and Blue Sea: (i) a declaration that they each hold a number of the Aspermont Shares on trust for him, as administrator of Clara's estate; (ii) an order that each of Ileveter, Drysdale and Blue Sea do all things necessary to cause the Aspermont Shares held by each of them to be transferred to him; (iii) an account of any profits received by Ileveter, Drysdale and Blue Sea from their ownership of the Aspermont Shares; and (iv) further, or alternatively, equitable compensation to be paid to him by Ileveter, Drysdale and Blue Sea in respect of any loss or damage suffered by the Clara's estate arising from their receipt of the Aspermont Shares; (c) relevantly, as against the Administrator: (i) an account, including of profits received by Andrew's estate for and in respect of Andrew's dealings with the assets of Clara's estate; (ii) equitable compensation to be paid from Andrew's estate in respect of loss or damage alleged to have been suffered by Clara's estate from Andrew's alleged breaches of duty; (iii) a declaration that the Administrator's registration with ASIC as the owner of all the issued shares in Ileveter is invalid and that Alex is the owner of them in his capacity as administrator of Clara's estate; and (iv) an order that the Administrator do all things necessary to cause all of the shares in Ileveter to be registered with ASIC in Alex's name; and -- 18 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 19 (d) an order that Alex is entitled to trace the assets of Clara's estate held by the defendants, which represent the proceeds of the alleged breaches of duty by Andrew. 62 Relief is also sought against Maria in her personal capacity. Maria is separately represented in defending the claims against her personally. This Application relates only to the defence of the NSW Proceeding by Maria in her capacity as the Administrator of Andrew's estate. Applicable principles - s 92 of the Trustees Act 1972 (WA) 63 An administrator, executor or trustee is entitled to seek directions and judicial advice from the court in relation to any question arising in relation to any will or administration of an estate or in respect of property of an estate or trust. 64 The principles that apply to applications made under s 92 of the Trustees Act are well established. Directions given by the court under s 92 of the Trustees Act enable a trustee to avail themselves of the protections granted by s 95(1). Section 92 of the Trustees Act provides: 92. Directions, trustee may ask Court for (1) Any trustee may apply to the Court for directions concerning any property subject to a trust, or respecting the management or administration of that property, or respecting the exercise of any power or discretion vested in the trustee. (2) Every application made under this section shall be served upon, and the hearing thereof may be attended by, all persons interested in the application or such of them as the Court thinks expedient. 65 Section 95 provides, relevantly: 95. Trustee acting under Court's direction, protection of (1) Any trustee acting under any direction of the Court shall be deemed, so far as regards his own responsibility, to have discharged his duty as trustee in the subject-matter of the direction, notwithstanding that the order giving the direction is subsequently invalidated, overruled, set aside or otherwise rendered of no effect, or varied. … -- 19 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 20 66 The principles that apply to the court's power and the exercise of its discretion under s 92(1) of the Trustees Act were considered by Martin CJ in Australian Executor Trustee Ltd v Attorney General (WA).81 They have also been the subject of consideration in numerous other cases in this court.82 67 A trustee, including an administrator of a deceased estate, if in doubt about the course of action to be adopted in the course of administration of the estate or trust, may apply to the court for its opinion, direction or advice pursuant to s 92.83 68 The key principles that apply in an application for directions in respect of litigation were summarised by Vaughan J84 in Blatchford v Laine, as follows:85 (1) There is a 'jurisdictional bar' under s 92(1). However, that is simply that the applicant must point to a question respecting the management or administration of trust property or a question respecting the interpretation of a trust instrument.86 The jurisdiction is enlivened when the question raised for directions is whether the trustee is justified in prosecuting or defending a particular claim.87 (2) The court has a discretion as to whether to provide a direction under s 92(1). Advice does not have to be provided.88 (3) The key question is to determine whether, on the material available, it would be proper for the trustee to prosecute or defend the proceedings.89 That in turn involves two issues. First, whether the legal issues are properly arguable. Second, whether there are sufficient prospects of success to warrant the trustee in 81 Australian Executor Trustee Ltd v Attorney General (WA) [2015] WASC 439 [31] - [33]. 82 See for example, Equity trustees Wealth Services Limited v The Attorney General of Western Australia [2024] WASC 324 [29] - [31] (Seaward J); AA as executor of the estate of BB v XX [No 2] [2024] WASC 39 (AA v XX [No 2]); Blatchford v Laine [2018] WASC 207 [48] - [55] (Vaughan J); Wood (as Co-Executor and Trustee of the Will of the Deceased) v Wood [No 4] [2014] WASC 393 (Wood [No 4]) [98] - [103] (Kenneth Martin J), each applying in a Western Australian context Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 (Macedonian Church) [55] - [76], [162] (Gummow ACJ, Kirby, Hayne & Heydon JJ). 83 AA v XX [No 2] [27], referring to Tsaknis v Lilburne [2010] WASC 152 (Tsaknis) [38] (E M Heenan J); In re Atkinson (dec) [1971] VicRp 73; [1971] VR 612, 615. 84 As his Honour then was. 85 Blatchford v Laine [57]. 86 Wood [No 4] [103(b)]. 87 Wood [No 4] [103(b)]. 88 Wood [No 4] [103(c)]. 89 Macedonian Church [74]. -- 20 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 21 proceeding with the litigation.90 These enquiries necessitate 'sufficient investigation' of the underlying issues.91 (4) The judicial advice proceedings are not to be treated as a trial of the issues that are to be agitated in the principal proceedings.92 The process is meant to be a summary one.93 (5) The court is not bound to investigate the evidence and make a finding as to whether the proposed proceedings would be successful. The question is whether the litigation is justified.94 The court is not finally resolving the merits of the underlying proceedings.95 (6) Relevant overlapping considerations include: (a) the prospects of success; (b) the means of the other party to satisfy any judgment; (c) the potential for the litigation to deplete the trust estate; (d) the likely adverse costs if the litigation is unsuccessful and whether those costs are likely to be proportionate; (e) the likely irrecoverable costs; and (f) the nature of the case and issues raised and what will be gained if the trustee succeeds in the action.96 69 Justice Vaughan emphasised in Blatchford v Laine that:97 … examination of the trustee's likely prospects in the litigation at an 'exhaustive level' is neither necessary nor appropriate.98 The assessment is made at a 'preliminary level'.99 The court's role is not to try the issues themselves. The court's function is limited to being satisfied that the material before it is sufficient to determine the general range of the prospects of success; and determining whether it is appropriate to pursue the proceedings having regard to the prospects of success, the benefits of the litigation and the resources available.100 But there must be sufficient information before the court for it to be satisfied that the proposed action would be for the benefit of the beneficiaries as a whole and otherwise would be prudent to pursue.101 90 Macedonian Church [162]. 91 Wood [No 4] [134] - [135] (see also [181]). 92 Macedonian Church [74]. 93 Macedonian Church [61] - [63]; Wood [No 4] [13], [103(e)], [181]. 94 Re Estate of Anastasios Keriacules Challis (dec) [2010] WASC 333 (Re Challis) [30]. 95 Wood [No 4] [134]. 96 Plan B Trustees Ltd v Parker [No 2] [2013] WASC 216; (2013) 11 ASTLR 242 (Plan B) [37]. See also Macedonian Church [162] and Re Challis [30]. 97 Blatchford v Laine [58]. 98 Application of Macedonian Orthodox Community Church St Petka Inc [No 2] [2005] NSWSC 558; (2005) 63 NSWLR 441 [67] - [69]. 99 Tsaknis [42]. 100 Re Addstone Pty Ltd (1997) 25 ACSR 357, 371. See also In re Atkinson (dec) (615) - (616). 101 Re Challis [30]. -- 21 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 22 70 The same principles apply in relation to judicial advice as to whether a trustee or administrator would be justified in defending a claim brought against an estate. In Boyle v Farano,102 Quinlan CJ observed that 'while every application of this kind depends on its own facts, the assessment of whether the conduct of certain litigation is 'justified' must be viewed in the context of the duties of an administrator generally, which include the basic obligation to secure the assets of the estate, for the benefit of the beneficiaries as a whole. His Honour referred to Munro v Munro,103 in which Stanley J said: The basic obligation of an executor is to identify and take steps to secure the assets of the estate. In certain circumstances, that may necessitate the executor litigating claims against, or defending claims by, third parties, and compromising the same. While it is the duty of the executor to discharge obligations of the deceased, it is equally the duty of the executor not to ignore available defences to any claim to enforce the obligation, and even to make use of available opportunities to compromise those claims. … … Accordingly, the duties of an executor are not limited to simply identifying assets and liabilities, whether they be present liabilities or contingent liabilities. It extends to protecting the estate from claims that are defensible. (citations omitted) 71 In an application such as this, the plaintiff may file an opinion of counsel as to the likely prospects in any litigation.104 Differing views have been expressed as to the necessity of counsel's advice.105 The court cannot abdicate to counsel the task of determining the proceedings' prospects of success.106 It will ultimately depend on the circumstances of the case at hand as to whether such advice is necessary. 72 Senior counsel indicated at the hearing of the Application that he had prepared an opinion, which the plaintiff would file on a confidential basis if the court considered it appropriate. The opinion was subsequently filed on a confidential basis that maintains the Administrator's client-legal professional privilege. I have considered it 102 Boyle v Farano [2023] WASC 303 [72], referring to In re Evans [1986] 1 WLR 101, 106 (Nourse LJ); Blatchford v Laine [88]. 103 Munro v Munro [2017] SASC 48 [23] - [25] (Stanley J). 104 Read v Bowesco Pty Ltd [2013] WASC 240 [16] (Master Sanderson). 105 See Blatchford v Laine [59] - [66] and the authorities referred to. 106 Blatchford v Laine [63] - [64], citing Plan B [48]. -- 22 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 23 and refer to it only to the extent required and without disclosing its privileged and confidential contents. 73 The opinion demonstrates that the Administrator has taken reasonable steps to identify whether there are reasonable prospects of defending the claims made before approaching the court for directions, and to ascertain the likely benefit to Andrew's estate of participating in the litigation compared to the likely costs. Determination 74 For the purpose of the Application for directions, I am to determine whether the Administrator would be justified in defending the NSW Proceeding and to use funds from the Estate in order to do so. Is the Administrator justified in defending the claims brought against Andrew's estate in the NSW Proceeding? 75 The ultimate outcome of the NSW Proceeding is of course a matter for the court hearing the action and will be subject to the evidence adduced and tested by cross-examination. As outlined, the process I am to undertake for the purpose of this Application is a summary one, which requires no more than undertaking sufficient investigation of the underlying issues to satisfy myself that the proposed defence has reasonable prospects and is otherwise justified. 76 In general terms, the underlying issues for determination in the NSW Proceeding concern the beneficial ownership of the shares in Ileveter, related questions as to ownership of the shares in Anniss and who are the beneficiaries of the BK Investment Trust. As outlined on behalf of the Administrator, the overarching issues that arise are: (a) whether the shares in Ileveter were assets of Clara's estate; and (b) whether part or all of the sale proceeds of Bedford Street and Carlotta Road were used by Andrew for his own purposes or in discharge of his obligations as trustee of the Testamentary Trusts. 77 In relation to the first of those issues, Alex contends that: (a) Anniss held the shares in Ileveter on trust for Bela;107 107 NSW ASOC [27]. -- 23 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 24 (b) on his death in 1982, Bela bequeathed all his property to Clara;108 (c) Bela's estate included the equitable ownership of all the issued shares in Ileveter;109 and (d) as a result, Clara owned all the issued shares in Ileveter.110 78 Ileveter, Blue Sea, and the Administrator, as defendants in the NSW Proceeding, deny that. It was submitted on behalf of the Administrator that the contentions made by Alex are based on assumptions without evidence and will not be made out for the reasons outlined in the Administrator's submissions.111 79 In summary, it is submitted on the Administrator's behalf that there is no evidence: (a) that either Bela or Clara was ever the legal or equitable owner of the Ileveter shares; (b) of a nomination of a Specified Beneficiary or an Income Beneficiary (as those terms are defined in the relevant trust deed) to the BK Investment Trust;112 (c) that Bela was entitled to any assets held by the BK Investment Trust at the date of his death; nor (d) that Bela had a will or bequeathed all his property to Clara such that Clara would have been entitled to the assets of the BK Investment Trust following Bela's death. 80 By way of defence, the Administrator, Ileveter and Blue Sea contend that the evidence available to date supports the contention that Andrew was the beneficial owner of at least two shares in Anniss and the two shares in Ileveter, as outlined earlier in these reasons. 81 As to the second of those issues, Ileveter, Blue Sea and the Administrator say that, following Clara's death and during the administration of her estate, Andrew had given the beneficiaries of Clara's estate forward advances on their interests in Clara's estate so 108 NSW ASOC [29]. 109 NSW ASOC [30]. 110 NSW ASOC [36]. 111 Administrator's submissions [41] - [44]. 112 See First Stratton-Kent Affidavit, 'MSK-2', pages 73 - 98, being the First Alex Kent NSW Affidavit, 'AK1' (BK Investment Trust Deed). -- 24 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 25 that, at the date of Andrew's death, there was nothing owing to Alex but it may be that funds were still owing to Laura and Hugo.113 The advances made are said to include: (a) the provision to Alex of a deposit for an apartment in Terrace Road, Perth, Western Australia in around August 2007;114 (b) the provision of $800,000 to Laura to assist with the purchase of a house in Oxfordshire in the United Kingdom;115 (c) the provision of at least a portion of $500,000 borrowed from the National Australia Bank secured against Carlotta Road to Alex and Laura;116 (d) the provision of $1,000,000 to Alex to enable Alex to acquire Aspermont shares;117 (e) the transfer of 4,000,000 shares in Aspermont to Mega Hills, an entity associated with Alex in 2007;118 (f) provision of monies to Laura for the payment of her daughter's school fees;119 (g) regular transfers of money to Laura through Andrew's ex-wife, Jane, Laura's mother, and through Transferwise to the value of at least $129,107.76;120 (h) transfers to Alex via Ileveter;121 (i) the purchase of an engagement ring for Alex in 2009 or 2010 in the sum of £10,000;122 113 First Stratton-Kent Affidavit, 'MSK-12', pages 1203 - 1208, being the Stratton-Kent NSW Affidavit [70] - [74], [85] - [93], 'MSK01'. 114 First Stratton-Kent Affidavit, 'MSK-12', page 1203, being the Stratton-Kent NSW Affidavit [70], 'MSK01'. 115 First Stratton-Kent Affidavit, 'MSK-12', page 1204, being the Stratton-Kent NSW Affidavit [71]. 116 First Stratton-Kent Affidavit, 'MSK-12', page 1204, being the Stratton-Kent NSW Affidavit [72] - [73], 'MSK01'. 117 First Stratton-Kent Affidavit, 'MSK-12', page 1204, being the Stratton-Kent NSW Affidavit [74]. 118 First Stratton-Kent Affidavit, 'MSK-12', page 1206, being the Stratton-Kent NSW Affidavit [85], 'MSK01'. 119 First Stratton-Kent Affidavit, 'MSK-12', page 1206, being the Stratton-Kent NSW Affidavit [86]. 120 First Stratton-Kent Affidavit, 'MSK-12', page 1206, being the Stratton-Kent NSW Affidavit [87] - [88]. 121 First Stratton-Kent Affidavit, 'MSK-12', page 1207, being the Stratton-Kent NSW Affidavit [89], 'MSK01'. 122 First Stratton-Kent Affidavit, 'MSK-12', page 1207, being the Stratton-Kent NSW Affidavit [90]. -- 25 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 26 (j) the transfer of funds to Alex via Drysdale for the benefit of Alex and Laura in the sum of $US110,000;123 and (k) the transfer of shares in Aspermont to Laura and Hugo in 2023 to the value of $200,000 each.124 82 The claims made and relief sought by Alex in the NSW Proceeding directly concern property which forms part of Andrew's estate. 83 Based on Alex's evidence in the NSW Proceeding, as outlined, the shares in Ileveter have an estimated value of approximately $13 million, which forms a significant proportion of the estimated value of Andrew's estate. The amount claimed in the NSW Proceeding, which if undefended may be payable from Andrew's estate, is approximately $6.5 million. 84 I am satisfied on the materials filed in support of the Application and having regard to the confidential opinion of counsel, that the defences outlined are arguable and have sufficient prospects of success in relation to all or part of the claims made, such that the Administrator would be justified in defending the claims made against her in that capacity. 85 I accept the submissions made on behalf of the Administrator that it is appropriate that the Administrator participate in and defend the claims made against her in the NSW Proceeding. If she does not, there will be no contradictor on behalf of Andrew's estate, and the claims made on behalf of Clara's estate would proceed uncontested. This would expose Andrew's estate and the beneficiaries to the risk of an adverse judgment for the return of profits and/or payment of equitable compensation to Clara's estate, which would significantly diminish the value of Andrew's estate and the amount to be paid to the beneficiaries. 86 By comparison, the estimated costs of defending the NSW Proceeding, including the costs incurred to the date of the hearing of the Application, to the end of the trial, are $420,000.125 123 First Stratton-Kent Affidavit, 'MSK-12', page 1207, being the Stratton-Kent NSW Affidavit [91], 'MSK01'. 124 First Stratton-Kent Affidavit, 'MSK-12', page 1207, being the Stratton-Kent NSW Affidavit [92]. 125 Third Stratton-Kent Affidavit [11]. -- 26 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 27 87 I am satisfied that the Administrator is justified in defending the claims brought against Andrew's estate in the NSW Proceeding, for the reasons outlined. Is the Administrator justified in using funds from Andrew's estate in defending the claims against the estate in the NSW Proceeding? 88 Having determined that the Administrator would be justified in defending the NSW Proceeding, I turn to consider whether she would be justified in using funds of Andrew's estate to do so. 89 Lundberg J recently considered the nature of the right of a trustee to be indemnified in respect of costs and expenses, including in respect of costs incurred in defending litigation brought against them, in Moyle v Quarles [No 3].126 His Honour referred, amongst other authorities, to Cardaci v Cardaci,127 in which the Court of Appeal expressed the general principles, to which I also refer. It is not necessary that I repeat them. 90 It is sufficient to observe that, in the circumstances of this case, where the Administrator has sought and obtained a direction from the court that she is justified in defending what may be categorised as claim by a third party for the benefit of the estate,128 as opposed to protecting her own personal interests, her right to an indemnity should extend to the costs reasonably incurred in defending the proceedings. As stated by Lundberg J in Moyle v Quarles:129 In general terms, … putting to one side those cases where a trustee or executor is in truth defending their own interests, the general principle is that the trustee or executor will be 'safeguarded as to costs' in defending proceedings brought against the trust or the estate. I accept the general proposition that, even in the absence of a judicial direction, unless the executor is defending their own interests, an executor is entitled to be indemnified out of estate assets for all costs reasonably and properly incurred in the administration of the estate, and this may include costs in the defence of litigation. (citations omitted) 91 In the circumstances of this case, I am satisfied that the Administrator is justified in using funds from Andrew's estate to meet 126 Moyle v Quarles [No 3] [2025] WASC 443 (Moyle v Quarles) [634] - [647]. See also Mainray Nominees Pty Ltd v Stoate [2025] WASC 145 [106] - [108] (Gething J). 127 Cardaci v Cardaci [2023] WASCA 158 [568] - [576]. 128 As referred to in Alsop Wilkinson (a firm) v Neary [1996] 1 WLR 1220, 1224 (Lightman J). 129 Moyle v Quarles [643]. -- 27 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 28 the reasonable costs of defending the claims made against her as Administrator in the NSW Proceeding. As submitted on behalf of the Administrator, this is not a case in which claims are brought against the Administrator alleging any wrongdoing or breach of duty on her part. Rather, the Administrator seeks to defend claims made to protect the assets of the estate and the interests of the beneficiaries. 92 As to the costs of the Application, I refer to Allanson J's summary of the relevant principles in Cardaci v Cardaci,130 which I consider apply in the circumstances of this Application. The questions upon which the Administrator has sought directions are such that, in my view and subject to hearing from the parties, the costs of the Application should be paid out of Andrew's estate, as sought. Conclusion and orders 93 For these reasons, I accept the plaintiff has standing to seek the advice of the court pursuant to s 92 of the Trustees Act and that it is appropriate to exercise my discretion to give the Administrator directions on the issues raised. In my view, the Administrator would be justified in defending the claims made against her, in her capacity as the Administrator of Andrew's estate in the NSW Proceeding, and to fund the defence of those claims from funds of the estate. 94 It also seems appropriate, in the circumstances of this case, that the Administrator's costs of the Application should be paid out of Andrew's estate. However, noting that Alex's and Laura's notice of intention to abide is stated to be other than in relation to costs, they should have the opportunity to be heard in relation to the costs of the Application, before any orders are made. 95 As such, at this stage, I will make orders to the following effect: 1. Pursuant to s 92 of the Trustees Act 1962 (WA), it is directed that the plaintiff, Maria Violet Stratton-Kent, in her capacity as administrator of the estate of the late Andrew Leslie Kent (Estate), is justified in: (a) defending the claims made by Alexander Lawrence Kent, in his capacity as administrator of the deceased estate of Clara Kent, in the Supreme Court of New South Wales action 2024/00246219 (NSW Proceeding); and 130 Cardaci v Cardaci [2022] WASC 166 [104] - [105]. -- 28 of 29 -- [2026] WASC 286 MASTER RUSSELL Page 29 (b) using funds of the Estate for the purpose of defending the NSW Proceeding. 2. By 24 July 2026, the plaintiff and the first and second defendants are to confer in relation to the costs of the Application and: (a) if agreement is reached, file a memorandum of consent orders; or (b) if agreement is not reached, the plaintiff and the first and second defendants are to file a minute of their proposed orders in relation to the costs of the Application. I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia. SC Associate to Master Russell 14 JULY 2026 -- 29 of 29 --