Alexiou v Alexiou [2020] NSWSC 748

Supreme Court New South Wales

Medium Neutral Citation: Alexiou v Alexiou [2020] NSWSC 748 Hearing dates: 28 May 2020 Decision date: 17 June 2020 Before: White J Decision: (1) Order that the plaintiffs' notice of motion dated 12 May 2020 be dismissed with costs. (2) Order that the proceedings be dismissed. (3) Order that the plaintiffs pay the defendant's costs of the proceedings. Catchwords: INJUNCTION – Interlocutory injunction – whether sole director be restrained from causing the company to sell certain real property – where sole director appointed pursuant to her capacity as executrix for the deceased sole shareholder – whether serious question to be tried that sole director would breach duty to beneficiaries by causing company to sell

SUCCESSION — Executors and administrators — whether executrix holds shares in private company as executrix or trustee – whether executrix assented to the trusts of the will so as to hold the shares as trustee for the beneficiaries – where administration of the estate has not concluded

CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings – whether proceedings for removal of a purported trustee ought to be dismissed – whether proceedings are premature and thereby fail to disclose a cause of action Legislation Cited: Corporations Act 2001 (Cth), s 201F

Uniform Civil Procedure Rules 2005 (NSW), r 7.16 Cases Cited: Attorney-General (Cth) v Breckler (1999) 197 CLR 83; [1999] HCA 28 Bell v Scott (1922) 30 CLR 387 Commissioner of Stamp Duties (Qld) v Livingston (1964) 112 CLR 12; [1965] AC 694 CPT Custodian Pty Ltd v Commissioner of State Revenue [2005] HCA 53; (2005) 224 CLR 98 Official Receiver in Bankruptcy v Schultz (1990) 170 CLR 306; [1990] HCA 45 Porteous v Rinehart (1998) 19 WAR 495 Wilkinson v Clerical Administrative and Related Employees Superannuation Pty Ltd (1998) 79 FCR 469 Texts Cited: G E Dal Pont, K F Mackie, Law of Succession, 2013, LexisNexis Butterworths Category: Procedural and other rulings Parties: Costa Alexiou by his tutor Arthur Alexiou (First Plaintiff) Jason Alexiou by his tutor Arthur Alexiou (Second Plaintiff) Voula Alexiou (Defendant) Representation: Counsel: D Parish (Plaintiffs) N Condylis (Defendant)