Angius v Salier [2015] NSWSC 1446

Supreme Court New South Wales

Medium Neutral Citation: Angius v Salier [2015] NSWSC 1446 Hearing dates: 28, 29, 30 September 2015 Date of orders: 30 September 2015 Decision date: 30 September 2015 Jurisdiction: Equity Before: Hallen J Decision: See Paragraphs 70 and 71 Catchwords: PRACTICE AND PROCEDURE – Action and cross-claim – Agreement between all counsel representing the parties to resolve the claim and cross-claim – Plaintiff withdraws instructions given after agreement reached – Assertion by Plaintiff that he did not understand proceedings and that agreement procured by duress – No assertion that counsel's authority exceeded – Plaintiff withdraws instructions to solicitors and counsel – Whether Defendants entitled to have orders made – Entitlement to have orders made as no dispute that binding agreement made by counsel before Plaintiff's instructions withdrawn – Stay of entry of orders to enable Plaintiff to obtain legal advice – Orders made in other proceedings – Varied by consent of the parties – Orders made but stay of entry Legislation Cited: Civil Procedure Act 2005 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ahmed v Chowdhury [2011] NSWSC 893 Ainsworth v Wilding [1896] 1 Ch 673 Bartlett v Coomber [2008] NSWCA 100 Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 Estate of Laura Angius; Angius v Angius [2013] NSWSC 1895 Grave v Blazevic Holdings Pty Limited [2012] NSWCA 329 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Howe v Connell [1997] NSWSC 432 Kinch v Walcott [1929] AC 482 Mohtar v Mohtar (1988) 146 LSJS 377 Phillips v Walsh (1990) 20 NSWLR 206 Salier v Angius [2015] NSWSC 853 Category: Principal judgment Parties: Giovanni (John) Angius (Plaintiff/Cross-Defendant) Gordon Albert Salier as the Executor of the Estate of the late Laura Angius (Defendant) Gordon A Salier AM (Cross-Claimant) Representation: Counsel: Mr M Hogg (Plaintiff/Cross-Defendant) Mr M S Willmott SC (1st Defendant/Cross-Claimant) Ms V Culkoff (2nd Defendant)