14 VLR 9BENNETT v. MORRIS Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., KERFERD and A’BECKETT, JJ. November 15, 1887. December 1, 1887, 01 March 1888Administration suit — Next of kin out of jurisdiction of Court not bound by decree — Fresh administration suit — Leave of Court unnecessary where plaintiff not a party — Wilful default — New administration not granted unless plaintiff be prejudiced by reason of not being party to first suit.
An administration suit was instituted by N., one of the next of kin of the testator, against M. and another, the executors under the will; to this suit L.B., one of the next of kin, who was out of the jurisdiction of the Court, was not made a party, and upon objection of want of parties being taken at the trial, the Court ordered her to be added, and the decree referred to her by name; L.B. was not served with this order, nor did she receive any service of notice of these proceedings, although it appeared that she knew that the suit was being instituted. The Court in the suit of N. v. M. made a decree ordering the usual accounts to be taken. Subsequently, L.B. brought a fresh suit for administration against the same executors, claiming that accounts should be taken on the basis of wilful default and asking to have a new administration of the estate in no way connected with that which had already been directed by the Court:—