Estate of Nitopi (No 3) [2021] NSWSC 1136

Supreme Court New South Wales

Medium Neutral Citation: Estate of Nitopi (No 3) [2021] NSWSC 1136 Hearing dates: 6 September 2021 Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Equity Before: Parker J Decision: See [45]-[46] Catchwords: SUCCESSION – executors and administrators – application for removal of executor – executor charged with criminal offences – executor has no financial interest in the estate – plaintiff has a direct pecuniary interest in the estate and has pursued a successful claim on behalf of the estate – executor removed and replaced as administrator by plaintiff JUDGMENTS AND ORDERS – form of final orders to give effect to principal judgment – interest – defendant found liable to repay six payments received by deceased prior to his death – whether statutory interest should run from the date of each payment or from the date the judgment is entered COSTS – party/party – scope of costs order where plaintiff only partially successful – whether part of the costs should be awarded on an indemnity basis due to an offer of compromise made prior to the trial Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Akierman Holdings Pty Ltd v Akerman (No 3) [2021] NSWSC 869 Newton v The Grand Junction Railway Company (1846) 153 ER 1133 Tjiong v Tjiong (No 2) [2018] NSWSC 1981 Category: Procedural rulings Parties: Giuseppe Nitopi (Plaintiff) Cristina Antonina Lucia Nitopi (Third Defendant)

Motion filed 3 August 2021 Giuseppe Nitopi (Applicant) Christina Francesca Pirrello (Respondent) Representation: Counsel: LJ Ellison SC/D Liebhold (Plaintiff/Applicant) C Harris (Third Defendant/Respondent)