Stojanovski v Stojanovski [2013] NSWSC 1491

Supreme Court New South Wales

Medium Neutral Citation: Stojanovski v Stojanovski [2013] NSWSC 1491 Hearing dates: 30 September 2013, 2, 3 October 2013 Decision date: 11 October 2013 Jurisdiction: Equity Division - Duty List Before: Slattery J Decision: Grant leave to the plaintiff to file a further caveat pursuant to Real Property Act, s 74O(2). Catchwords: REAL PROPERTY - application for extension of caveats - in the alternative an application for injunction restraining the defendant from dealing with two parcels of land - Family Provisions Act claim by a brother in law of the defendant in relation to the estate of his late mother, including a claim for designation of two of the properties currently held by the defendant as notional estate - defendant and her husband separated and entered in to a Deed of Settlement in relation to marital assets, including the properties he inherited from his late mother - conduct allegedly designed to remove the assets from the plaintiff's reach without his knowledge - plaintiffs application for access to the terms of the Deed of Settlement refused by the Family Court of Australia - but plaintiff intends to appeal from that decision - whether plaintiff has a caveatable interest in the properties because of his Family Provisions Act claim or otherwise - whether the estate's executor has a caveatable interest - whether the circumstances warrant the grant of an injunction in the nature of a freezing order - whether balance of convenience warrants the issue of an injunction. Legislation Cited: Civil Procedure Rules (2006) r 25.10 - 25.17 Family Provision Act 1982 s 7, s 16, s 24, s 28 Real Property Act 1900 s 74K(2), 74F Cases Cited: Bethian Pty Ltd v Green (1977) 3 Fam LR 11,579 Birmingham v Renfrew (1937) 57 CLR 666 Cetojevic v Cetejevic [2006] NSWSC 431 Investments Pty Ltd [1994] 1 VR 672 Muschinski v Dodds (1985) 160 CLR 583 Official Receiver in Bankruptcy v Schultz (1990) 170 CLR 306 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Queanbeyan Leagues Club v Poldune Pty Ltd (1996) 7 BPR 15,078 Quek v Beggs (1990) 5 BPR 11,761 Re Pile's Caveats [1981] Qd R 81 Stojanovski v Stojanovski [2012] NSWSC 1338 Swanston Mortgage Pty Ltd v Trepan Wilson v Graham (1997) 10 BPR 19,051 Williams v Marac Australia Ltd (1985) 5 NSWLR 529 Category: Interlocutory applications Parties: Plaintiff: Steven Stojanovski Defendant: Angelina Stojanovski Representation: Counsel: Plaintiff: C J Bevan Defendant: self represented Solicitors: Plaintiff: T. Mai File Number(s): 2013/294278 Publication restriction: No