Antoun v Antoun (No 3); Antoun v Hanna [2023] NSWSC 684

Supreme Court New South Wales

Medium Neutral Citation: Antoun v Antoun (No 3); Antoun v Hanna [2023] NSWSC 684 Hearing dates: 27 February 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Jurisdiction: Equity Before: Robb J Decision: The Court makes the following orders: Proceedings No 2019/00118417 (1) Order pursuant to s 74 of the Probate and Administration Act 1898 (NSW) that the third defendant, Joseph Hanna (the administrator), be appointed as the independent administrator of the will dated 12 January 2018 (the Will) of the late Antoine Antoun (the deceased). (2) Order that letters of administration with the Will annexed be granted to the administrator. (3) Order that the matter be remitted to the Senior Deputy Registrar in Probate to complete the grant. (4) Order that the need for any administration bond or sureties be dispensed with. (5) Order that the administrator is entitled to be indemnified for his costs of administering the estate of the deceased. (6) Order that no distribution of assets from the deceased's estate be made by the administrator until further order of the Court. (7) Declaration that each of the plaintiffs is entitled pursuant to s 59 of the Succession Act 2006 (NSW) to an order in due course that the plaintiffs receive a pecuniary legacy of $100,000 each on the assumption that the net value of the deceased's estate is found to be at least $295,000, on the basis that the value of each pecuniary legacy will reduce in proportion with the net value of the estate. (8) Grant leave to the plaintiffs to apply on seven days' notice to the other parties for orders of the Court giving effect to the declaration made in order 7. (9) Note that the Court has not made a final determination of the plaintiffs' application for orders pursuant to Part 3.3 of the Succession Act 2006 (NSW) for the making of notional estate orders or the plaintiffs' entitlement to further relief under s 59 of the Succession Act 2006 (NSW) and grants to the plaintiffs leave to apply on seven days' notice for the making of orders concerning the determination of those issues. (10) Order that the third defendant's costs of these proceedings calculated on the indemnity basis be paid out of the estate of the deceased and that such payment be made in priority to the payment of any other costs order. (11) Order that the plaintiffs' costs of these proceedings calculated on the ordinary basis be paid out of the estate of the deceased. (12) No order as to the costs of the fourth defendant of these proceedings to the intent that she pays her own costs. (13) Grant leave to all parties to apply to the Court on seven days' notice for the making of such orders as may be necessary or desirable to amend or give effect to these orders, or for directions to be given to the administrator concerning the administration of the deceased's estate. (14) Grant leave to the third defendant to apply to the Court on seven days' notice for the issue of such notices to produce and subpoenas that the third defendant considers desirable in order to assist in getting in the estate of the deceased. Proceedings No 2021/00121060 (1) Order the plaintiff following the discontinuance of the proceedings to pay the costs of the proceedings of all other parties on the ordinary basis. Catchwords: SUCCESSION — family provision — claim by adult children for provision from the deceased's estate under Succession Act 2006 (NSW), Ch 3 — where executors did not obtain grant of probate and independent solicitor appointed as representative of the estate for the purposes of the proceedings — where Federal Circuit Court orders that former wife of the deceased transfer real property to him unencumbered not complied with — where value of deceased's estate may be negligible if Federal Circuit Court orders not complied with — where independent solicitor appointed as administrator pursuant to s 74 of the Probate and Administration Act 1898 (NSW) to enable enforcement of Federal Circuit Court orders — where declaration made that plaintiffs are each entitled to a proportion of the final value of the deceased's estate COSTS — party/party — general rule that costs follow the event — proceedings discontinued or dismissed — where associated proceedings by former wife of deceased discontinued Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Probate and Administration Act 1898 (NSW), s 74 Succession Act 2006 (NSW), ss 59, 75(1)(a), 76(2)(b), 87 Uniform Civil Procedure Rules 2005 (NSW), rr 7.8, 7.10(2)(b), 42.19(2) Cases Cited: Antoun v Antoun [2020] NSWSC 860 Antoun v Antoun (No 2) [2021] NSWSC 1331 Harris v Carter [2020] NSWSC 196 Limberger v Limberger; Oakman v Limberger [2021] NSWSC 474 Page v Hull-Moody [2020] NSWSC 411 Sammut v Kleeman [2012] NSWSC 1030 Sgro v Thompson [2017] NSWCA 326 Category: Principal judgment Parties: Proceedings 2019/00118417 Tarnya Antoun (First Plaintiff) Tamara Antoun (Second Plaintiff) Angelique Antoun (First Defendant) Ashleigh Antoun (Second Defendant) Joseph Hanna (Third Defendant) Mary Antoun (Fourth Defendant)