Michael Zannetides v Tracey Spence [2013] NSWSC 2032

Supreme Court New South Wales

Medium Neutral Citation: Michael Zannetides v Tracey Spence [2013] NSWSC 2032 Hearing dates: 16 December 2013 Decision date: 16 December 2013 Jurisdiction: Equity Division Before: Young AJA Decision: The defendant to pay the first plaintiff the sum of $17,851 for funeral costs. The plaintiffs claims are otherwise dismissed. The plaintiffs to pay 70% of the defendant's costs. Catchwords: SUCCESSION - son burying father - executor liable to reimburse - family provision - claim made 5 months too late - applicant knew of deadline - application to extend time refused Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Smith v Tamworth City Council (1997) 41 NSWLR 680 Chesterman v Mitchell (1923) 24 SR (NSW) 108 Category: Principal judgment Parties: Michael Zannetides (first plaintiff) Marina Zannetides (second plaintiff) Tracey Spence (defendant) Representation: Counsel: W Washington (plaintiffs) D Stewart (defendant) Solicitors: Hall Partners Pty Ltd (plaintiffs) Matthews Dooley & Gibson (defendant) File Number(s): 2013/00027996 Publication restriction: Nil

Judgment 1These are proceedings brought by two children of Tony Zannetides, who died on 15 August 2011. The plaintiffs are two children by the deceased's first wife. The defendant is the deceased's second wife. She was granted Letters of Administration on 23 April 2012. 2The plaintiffs issued their Summons on 29 January 2013 in circumstances I will detail shortly. There are three matters which the parties seek to have determined in these proceedings and I will deal with these under discrete headings, but before I do so, I need to briefly set out the basic facts. Accordingly these reasons are structured: A. The basic facts. B. Whether the time for making a claim under Chapter 3 of the Succession Act 2006 (NSW) should be extended to 29 January 2013. C. If B is answered affirmatively, what if any provision should be made for the plaintiffs? D. Whether the first plaintiff is entitled to be reimbursed for funeral expenses and the costs of erecting a headstone, and if so, how much? E. What is the result of the case and what are the proper cost orders and what formal orders should be made? 3I have heard proceedings today. They were to last a day and a bit but as a result of counsel's efficiency, we have managed to finish them in less than a day and I thank Mr W Washington who appeared for the plaintiffs and Mr D C P Stewart who appeared for the defendant, for bringing that about.