Matouk v Matouk [2014] NSWSC 1552

Supreme Court New South Wales

Medium Neutral Citation: Matouk v Matouk [2014] NSWSC 1552 Hearing dates: 10 October 2014 Decision date: 31 October 2014 Jurisdiction: Equity Division Before: Rein J Decision: See [18]-[19] Catchwords: EQUITY - Property - Application under 6.30, 7.6 and 7.10 of the Uniform Civil Procedure Rules - Where one party died after the commencement of proceedings - Where no probate or letters of administration has been granted or sought - Where no representative of the estate has been appointed - Where there is no person willing to represent the estate - Where the registered proprietor asserting a trust declared in favour of the deceased is a defendant - Order pursuant to UCPR 7.10 for the proceedings to continue in the absence of a representative of the deceased person's estate Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Abu Arab v NSW Trustee and Guardian [2014] NSWSC 954 Basis Capital Friends Management Ltd v BT Portfolio Services [2008] NSWSC 555; (2008) 60 ACSR 580 ING Funds v J P Morgan [2009] NSWSC 59; (2009) 69 ACSR 605 Re J Hart, deceased; Smith v Clarke [1963] NSWR 627 Category: Interlocutory applications Parties: Nadia Matouk (Plaintiff) Samia Matouk (First Defendant) Pierre Matouk (Deceased) (Second Defendant) Steven Stojanovic (Third Defendant) Representation: Counsel: P M Lane (Plaintiff) Solicitors: C A Williams Legal (Plaintiff) File Number(s): 2013/249518