Barbanera v Barbanera & Ors; Estate of the late Antonio Barbanera [2017] NSWSC 357

Supreme Court New South Wales

Medium Neutral Citation: Barbanera v Barbanera & Ors; Estate of the late Antonio Barbanera [2017] NSWSC 357 Hearing dates: 12 & 13 December 2016 Date of orders: 05 April 2017 Decision date: 05 April 2017 Jurisdiction: Equity Before: Slattery J Decision: Summons dismissed. Issue of costs reserved. Parties directed to attempt to resolve the issue of costs. Catchwords: SUCCESSION – family provision – Succession Act, Chapter 3 – adult son, one of four children, left out of will – whether adequate provision made for adult son – whether the plaintiff's wealth sufficient that he has not been left without adequate provision for his maintenance, education or advancement in life and further provision need not be made for him – whether adult son cut himself off from deceased, or engaged in conduct estranging himself from the deceased. Legislation Cited: Succession Act 2006 (NSW), Chapter III Cases Cited: Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Category: Principal judgment Parties: Plaintiff: Giovanni Barbanera

First Defendant: Pietro Barbanera Second Defendant: Nunzia Brunetti Third Defendant: Trustee of the Estate of the Late Angela Bouyioukos Representation: Counsel:

Plaintiff: J. Phillips SC; R. Weaver Defendants: K. Morrissey

Solicitors:

Plaintiff: Greg Walsh & Co Solicitors Defendant: Serio & Associates File Number(s): 2015/303334 Publication restriction: No