Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors (No. 2) [2014] NSWSC 84

Supreme Court New South Wales

Medium Neutral Citation: Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors (No. 2) [2014] NSWSC 84 Hearing dates: 7 February 2014 Decision date: 24 February 2014 Jurisdiction: Equity Division Before: Slattery J Decision: See paragraph [91]. Catchwords: SUCCESSION - costs and ancillary relief -- cross-claimant found to be de facto wife of the deceased in excess of two years before his death - Succession Act, s 59 relief granted apportioning estate - intestacy -Frisoli v Kourea [2013] NSWSC 1166 - modest estate - substantial funds in a family trust and superannuation fund - argument about the form of consequential relief - whether cross-claimant should be replaced as trustee of the family trust - whether orders should be made for the sale of the principal item of notional estate, a residential property - whether costs of other contested proceedings in relation to the family trust and a contest about a grant of administration of the estate should be recognised as expenses in the administration of the estate or the related family trust before the apportionment of estate - whether special orders should be made for the costs of the family provision proceedings - whether the superannuation funds should be paid to the family trust or direct to the estate - whether certain expenses and outgoings in relation to the residential property may be deducted from its sale proceeds before apportioning the estate - whether the value of certain chattels should be credited against the aliquot share of the estate awarded to one beneficiary. Legislation Cited: Banking Act 1959 (Cth) Civil Procedure Act 2005 (NSW), ss 98(4)(c), 100 Probate and Administration Act 1898, s 61B Succession Act 2006 (NSW), ss 59, 60 Cases Cited: Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors [2013] NSWSC 1166 R v Wade (1818) 5 Prince 621 Re Minister for Immigration and Ethnic Affairs (Ex Parte) v Lai Qin (1997) 186 CLR 622 Re M'Myn (1886) 33 Ch. D. 575 Sherborne Estate (No 2) Re; Vanvalen v Neaves; Gilroy v Neaves (2005) 65 NSWLR 268 Waters v P C Henderson (Australia) Pty Limited (1994) 254 ALR 328 Category: Costs Parties: In proceedings 2010/93241:- First plaintiff:- Holden Francis Frisoli Second plaintiff:- Atlanta Lucia Carnell Frisoli First defendant:- Natasha Anastasia Kourea Second defendant:- Tashnat Pty Limited