Spiro Pandelakis -v- Flora Chintis and Anor [2007] NSWSC 1023

New South Wales Supreme Court

CITATION : Spiro Pandelakis -v- Flora Chintis and Anor [2007] NSWSC 1023

HEARING DATE(S) : 27 and 28 June 2007

JUDGMENT DATE : 13 September 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that the proceedings be dismissed. 2. I order that the Plaintiff pay the costs of the Defendants. 3. The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by adult brother. Obligation upon applicant to provide as fully and as frankly as possible all information concerning his financial and material circumstances. Whether Plaintiff has been left without adequate provision for his proper maintenance. Statements by Deceased in her will and other documents regarding Plaintiff and any claim which he might make. Factors warranting the making of the application. Competing claims of Defendants.

LEGISLATION CITED : Family Provision Act 1982 Wills, Probate and Administration Act 1898

Re Fulop Deceased (1987) 8 NSWLR 679 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191

Spiro Pandelakis (Plaintiff) PARTIES : Flora Chintis (First Defendant) Angela Vidovic (Second Defendant)

FILE NUMBER(S) : SC 3165 of 2003

COUNSEL : Mr M. Pesman (Plaintiff) Mr R. Tregenza (Defendants)

SOLICITORS : Needs Chan & Monahan (Plaintiff) Kalantzis Lawyers (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MCLAUGHLIN

Thursday, 13 September 2007

3165 of 2003 SPIRO PANDELAKIS –v- FLORA CHINTIS and ANOR JUDGMENT 1 HIS HONOUR: These are proceedings under the Family Provision Act 1982. 2 By summons filed on 5 June 2003 Spiro Pandelakis claims an order for provision for his maintenance, education and advancement in life out of the estate and notional estate of his sister the late Elizabeth Pandelakis (to whom I shall refer as "the Deceased"). 3 The Deceased, who was unmarried and childless, died on 9 December 2001, aged 56. She left a will dated 27 October 2001, probate whereof was on 4 March 2002 granted to Flora Chintis and Angela Vidovic, the executors named in such will (who are the Defendants to the present proceedings). 4 The Deceased, the Plaintiff and the two Defendants are the four surviving children of their parents, John Spiros Pandelakis and Eva Pandelakis. The Deceased was born on 30 May 1945; the Plaintiff was born on 26 July 1941, and is presently aged 66; Flora (Mrs Chinits) was born on 8 August 1943, and is presently aged 64; Angela (Mrs Vidovic) was born on 8 February 1947, and in presently aged 60. 5 The inventory of property discloses the following assets, together with the estimated values thereof: House property situate at and known as 25 Ward Street, Willoughby $700,000