NSW Caselaw
New South Wales Supreme Court
CITATION : Crnjanin v Ioos; Ioos v Crnjanin [2010] NSWSC 750
HEARING DATE(S) : 5 July 2010
JUDGMENT DATE : 5 July 2010
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Lindgren AJ
EX TEMPORE JUDGMENT DATE : 5 July 2010
DECISION : Direction to plaintiff trustee (Crnjanin) that he would be justified in paying half share in estate of Olga Lisevich deceased to defendant Marianna Ioos.
CATCHWORDS : TRUSTS - Judicial advice to trustee as to whether he would be justified in paying share in deceased estate to person who claimed to be the beneficiary described in deceased's will as "Marianna Ioos who resides in the USSR" - consideration of problematical evidence of identity - not necessary to prove identity to standard that would apply to support a finding of fact in adversial proceedings.
LEGISLATION CITED : Trustee Act 1925 (NSW)
CATEGORY : Principal judgment
CASES CITED : Macedonia Orthodox Community Church St Petka Incorporated v His Eminence Petar the Diocesan Bishop of Macedonia Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66
PARTIES : Jovan Milan Crnjanin (Plaintiff in 10/187336 and Defendant in 10/107053) Marianna Ioos (Plaintiff in 10/107053 and Defendant in 10/187336)
FILE NUMBER(S) : SC 187336 of 2010; 107053 of 2010
COUNSEL : R Lilley SC (for Crnjanin) R Colquoun (for Ioos)
SOLICITORS : Shanahans Solicitors (for Crnjanin) John Drakos Solicitors (for Ioos)
- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
LindGREN AJ
Monday 5 july 2010
2010/107053 JOVAN MILAN CRNJANIN v MARIANNA IOOS
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