YANG v DE BORTOLI AS EXECUTOR OF THE ESTATE OF THE LATE FRANK CEH [2010] NSWSC 1437

New South Wales Supreme Court

CITATION : YANG v DE BORTOLI AS EXECUTOR OF THE ESTATE OF THE LATE FRANK CEH [2010] NSWSC 1437

HEARING DATE(S) : 26 November 2010

JUDGMENT DATE : 13 December 2010

JUDGMENT OF : Tamberlin AJ at 1

1. Grant leave to serve short notice of the Notice of Motion. 2. Until further order, order the plaintiff and Frank Zekun Ceh exclusive occupation of the premises known as the Booker Bay property. DECISION : 3. Until further order, the defendants pay from the estate of the late Frank Ceh all outgoings including rates and insurances on the property. 4. Until further order, the defendants be restrained from taking any steps to remove or replace the plaintiff in her employment at the Ettalong Beach Motel. 5. The costs of the parties be paid from the assets of the estate. 6. Liberty to all parties to apply on 2 days' prior notice.

CATCHWORDS : INJUNCTION – applicant is an applicant under s 59 of Succession Act 2006 (NSW) for family provision – threat to prevent her managing a motel asset of the estate – whether claimant eligible person – whether evidence that assets of estate placed at risk – whether any reasonable claim – balance of convenience

LEGISLATION CITED : Succession Act 2006 (NSW), s 59 Supreme Court Act 1970 (NSW), s 66

CATEGORY : Procedural and other rulings

Wen Hui Yang – Plaintiff PARTIES : Graziano De Bortoli as Executor of the Estate of the late Frank Ceh – First Defendant Frank Gelonesi as Executor of the Estate of the late Frank Ceh – Second Defendant

FILE NUMBER(S) : SC 2010/390738

COUNSEL : R E Quickenden – Plaintiff W Carney - Defendants