Videnovic v Todorovic [2023] NSWSC 242

Supreme Court New South Wales

Medium Neutral Citation: Videnovic v Todorovic [2023] NSWSC 242 Hearing dates: 9 February 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Equity Before: Hallen J Decision: The Court: (1) Orders, pursuant to s 93(2) of the Probate and Administration Act 1898 (NSW), that the Defendant is barred from making any claim on his own, or on behalf of others who are not resident in NSW, for whom he is said to be an Attorney, against the Plaintiff as the administrator of the estate of Masinka Todorovic, who died on 4 April 2019. (2) Orders that the Defendant pay the Plaintiff's costs of the proceedings. (3) Orders that to the extent that there is any difference between the costs ordered to be paid by the Defendant, the costs recovered from him, and the Plaintiff's costs calculated on the indemnity basis, those costs be paid out of the estate of the deceased. Catchwords: CIVIL PROCEDURE — Hearing - Defendant litigant in person – Adjournment - Defendant applies for adjournment at the commencement of the hearing – Application opposed – Applicable principles – Procedural history relevant as is repeated suggestions to the Defendant, at various directions hearings that he should be legally represented – Whether to grant the application — Interests of justice – Application for adjournment refused SUCCESSION – EXECUTORS AND ADMINISTRATORS – notice barring claims under s 93, following service of notice under s 92 of the Wills Probate and Administration Act 1898 – Applicable principles Legislation Cited: Births, Deaths and Marriages Registration Act 1955 (NSW) s 49(2) Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 60, 66 NSW Trustee and Guardian Act 2009 (NSW) Probate and Administration Act 1898 (NSW) ss 92, 93 Uniform Civil Procedure Rules 2005 (NSW) Pt 35 reg 35.2 Cases Cited: Al Dakhili v Al Kheurallah [2023] NSWSC 47 Alesco Corporation Limited v Te Maari [2015] NSWSC 469 Aon Risk Services Australia Pty v Australian National University (2009) 239 CLR 175; [2009] HCA 27 City of Sydney Council v Satara [2007] NSWCA 148 Duraisamy v Sydney Trains [2019] NSWCA 269 Duraisamy v Sydney Trains [2020] HCASL 8 English v Stewart [2022] NSWSC 268 Knorr v CSIRO (No 3) [2012] VSC 529 Ludwig v The Public Trustee [2006] NSWSC 890 McGrath v Troy as administratrix of the estate of the Late Warren Terence Wade [2010] NSWSC 1470 Robertson & Anor v Byrne & Ors [2022] NSWSC 1713 Rowe v Stoltze (2013) 45 WAR 116; [2013] WASCA 92 Ryan v Shackel (1925) 26 SR (NSW) 17 Sali v SPC Ltd (1993) 116 ALR 625; [1993] HCA 47 Sheridyn Ashwood v Terence John Ashwood [2023] NSWSC 208 State Pollution Control Commission v Australian Iron and Steel Pty Ltd (No. 2) (1992) 29 NSWLR 487 UBS AG v Tyne (as trustee of the Argot Trust) (2018) 265 CLR 77; [2018] HCA 45 Xiang bht Cao v Tong [2021] NSWSC 44 Category: Principal judgment Parties: Dragica Videnovic (also known as Gaga Videnovic) (Plaintiff) Dragan Todorovic (Defendant) Representation: Counsel: M Pringle (Plaintiff)