Doriana Mary Jones & Anor v Mauro Poletti (No. 2) [2014] NSWSC 1057

Supreme Court New South Wales

Medium Neutral Citation: Doriana Mary Jones & Anor v Mauro Poletti (No. 2) [2014] NSWSC 1057 Hearing dates: 5 August 2014 Decision date: 05 August 2014 Jurisdiction: Equity Division Before: Slattery J Decision: Interest awarded on the legacies in the principal judgment. Interest awarded on costs. Restraining order made pending appeal in respect of defendant's dealings with the principal asset of the estate. Catchwords: SUCCESSION - orders - legacies of $450,000 each awarded in the Court's principal judgment to the plaintiffs out of the estate of the deceased - whether interest should be awarded on those legacies - whether interest should be awarded on costs paid by the plaintiffs to their attorneys before the conclusion of the proceedings - defendant has appealed against the Court's principal judgment awarding the legacies to the plaintiffs - whether a restraining order should be made pending appeal limiting the defendant's dealings with the principal asset of the estate, certain residential real estate,. Legislation Cited: Civil Procedure Act 2005, s 101(4) Probate and Administration Act 1898 UCPR 2005, Pt 36, Rule 36.7 Cases Cited: Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2014] NSWCA 158 Doriana Mary Jones & Anor v Mauro Poletti [2014] NSWSC 715 Category: Consequential orders Parties: First Plaintiff: Doriana Mary Jones Second Plaintiff: Patrizia Mary Caterina Becker Defendant: Mauro Giuseppe Poletti Representation: Counsel: Plaintiffs: Mr L. Ellison SC Solicitors: Plaintiffs: Pamela Gaibrielle Suttor, L. Rundle & Co Defendant: Peter Baltins, Willis & Bowring File Number(s): 2012/294443 Publication restriction: No