Sofianidis v Hill [2025] NSWSC 37

Supreme Court New South Wales

Medium Neutral Citation: Sofianidis v Hill [2025] NSWSC 37 Hearing dates: 7 February 2025 Date of orders: 7 February 2025 Decision date: 07 February 2025 Jurisdiction: Equity - Probate List Before: Slattery J Decision: Orders made for the defendant to attend court in person or by her legal representative on 21 February 2025; and for service of this judgment and orders upon the defendant, together with a warning if she does not attend Court as ordered that an arrest warrant will be issued to bring her to Court on 28 February 2025. Catchwords: SUCCESSION — Administration of estates – the deceased's will leaves the whole of her estate to her two daughters, the plaintiff and the defendant and appoints them as her joint executors – plaintiff and the defendant cannot cooperate in the administration of the estate – the substantial asset in the estate is a residential property occupied by the defendant since the death of the deceased – the defendant refuses to engage with the plaintiff on matters of estate administration – an independent administrator of the estate cum testament annexo is appointed in 2023 upon the plaintiff's application – the defendant refuses to communicate with the independent administrator and continues to occupy the residential property of the estate – the independent administrator is given judicial advice authorising her to bring proceedings for judgment for possession of the estate's residential property – proceedings for possession commenced by the cross claimant and served upon the defendant – the defendant does not appear in response to the Summons and does not appear when ordered to do so – whether the Court should proceed to authorise judgment for possession and the issue of a writ for possession or whether the Court should issue a warrant for the arrest of the plaintiff to require her deal early with the relief sought in the proceedings. Legislation Cited: Civil Procedure Act 2005 Part 6 and s 97 Trustee Act 1925 s 63 Category: Procedural rulings Parties: Plaintiff: Robyn Mary Sofianidis