Re Estate Miletic; Strbik v Strbik [2023] NSWSC 371

Supreme Court New South Wales

Medium Neutral Citation: Re Estate Miletic; Strbik v Strbik [2023] NSWSC 371 Hearing dates: 8 and 9 March 2023 plus written submissions received 14 March 2023 Decision date: 14 April 2023 Jurisdiction: Equity Before: Lindsay J Decision: Subject to allowing the parties an opportunity to be heard as to the form of orders and costs, orders are to be made to the following effect: 1. DECLARE that, on the proper construction of the will of the deceased and in the events that have happened, Dana and Daniel, jointly and severally, have no right, title or interest in any property that formed part of the deceased's estate. 2. ORDER that Dana's amended statement of cross claim filed 21 April 2022 otherwise be dismissed. Catchwords: SUCCESSION – Will – Construction Legislation Cited: Succession Act 2006 NSW Cases Cited: Allgood v Blake (1873) LR 8 Exch 160 Boyes v Cook (1880) 14 ChD 53 Coorey v Coorey (NSW Supreme Court, 22 February 1986, unreported) Fell v Fell (1922) 31 CLR 268 Hatzantonis v Lawrence Cox [2003] NSWSC 914 Lockrey v Ferris [2011] NSWSC 179; 8 ASTLR 529 Parry v Haisma [2012] NSWSC 290 Perpetual Trustee Co Limited v Wright (1987) 9 NSWLR 18 Perrin v Morgan [1943] AC 399 Category: Principal judgment Parties: Cross Claimant: Dana Strbik First Cross Defendant: Josie Strbik as executrix and trustee of the will of the late Joseph Miletic Second Cross Defendant: Josie Strbik in her personal capacity Fourth Cross Defendant: Daniel Strbik Representation: Counsel: