Ciaglia v Ciaglia [2010] NSWSC 723

New South Wales Supreme Court

CITATION : Ciaglia v Ciaglia [2010] NSWSC 723

HEARING DATE(S) : Written submissions received 13/5/10 and 18/5/10

JUDGMENT DATE : 2 July 2010

JURISDICTION : Equity

JUDGMENT OF : White J

1. Declare that the late Pamela Josephine Ciaglia held the property comprised in Folio Identifier 3/15212 and known as [xxx] Goodchap Road, Chatswood NSW (the "Chatswood property") on trust for the plaintiff as to a one half share. 2. Order that Joseph Ciaglia be appointed as representative of the estate of Pamela Josephine Ciaglia for the purposes of these proceedings. 3. Within 28 days of probate being granted in respect to the estate of the defendant, order that Joseph Ciaglia deliver to the plaintiff or his solicitor a signed transfer in respect to one half interest in the Chatswood property. 4. Order that Joseph Ciaglia take all necessary steps to obtain the consent of any mortgagee to the transfer and its registration. DECISION : 5. Order that the plaintiff pay the reasonable legal costs of Joseph Ciaglia in relation to the transfer of the half interest in the property to the plaintiff and pay any duty, registration fees or other expenses payable for the registration of the transfer. 6. Grant liberty to the parties to apply on reasonable notice for any consequential orders relating to the execution of these orders. 7. Order that all other claims for relief in the summons and amended statement of claim be dismissed. 8. Order that there be no order as to costs of the proceedings with the intention that each party bear his and her own costs. 9. The exhibits may be returned after 28 days. 10. Order that within seven days the plaintiff's solicitors provide a copy of these orders to the solicitors for the plaintiff's former wife and, unless they have already done so, within the same time provide a copy of my reasons for judgment (Ciaglia v Ciaglia [2010] NSWSC 341) to the solicitors for the plaintiff's former wife.