Palagiano v Mankarios [2011] NSWSC 61

Supreme Court New South Wales

Medium Neutral Citation: Palagiano v Mankarios [2011] NSWSC 61 Decision date: 22 February 2011 Before: White J Decision: For these reasons I order that provision be made out of the estate of the late Pietro Palagiano in favour of the first plaintiff in the sum of $180,000. I order that provision be made out of the estate of the late Pietro Palagiano in favour of the second plaintiff in the sum of $100,000. I order that interest on such sums be payable at the rates prescribed for the purposes of s 84 of the Probate and Administration Act 1898 as the rate of interest on legacies and that such interest be payable from the date which is 30 days after the date of these orders until the date of payment. I order that the plaintiffs' claims be otherwise dismissed. Exhibits are to be dealt with in accordance with the Uniform Civil Procedure Rules . I will hear the parties on costs. Catchwords: ESTOPPEL - proprietary estoppel - expectation of inheriting share of estate - contribution of wages to family finances - deceased making representations that claimants would inherit equal share in family home - whether executrix estopped from denying claimants had beneficial interest in family home - whether sufficiently clear and unequivocal representation - whether claimants had to show they assumed that deceased was not free to withdraw from promise or assurance - whether steps taken to plaintiffs' detriment were taken in reliance on representation that they would acquire equal share in family home - whether suffered detriment by leaving school and contributing wages to family finances