Boldi v Crozier [2015] NSWSC 2155

Supreme Court New South Wales

Medium Neutral Citation: Boldi v Crozier [2015] NSWSC 2155 Hearing dates: 7 December 2015 Date of orders: 07 December 2015 Decision date: 07 December 2015 Jurisdiction: Equity - Family Provision List Before: Brereton J Decision: Orders made joining applicant to proceedings. Catchwords: PROCEDURE – application for joinder of beneficiary to proceedings – Court's general disinclination to join beneficiaries to proceedings – circumstances in which joinder warranted – greater likelihood of joinder where beneficiary receives substantial benefits likely to be disturbed by family provision order – whether applicant justified in having lost confidence in executor's conduct of proceedings – where joinder would be at applicant's own risk as to costs. Legislation Cited: (NSW) Family Provision Act 1982 (NSW) Succession Act 2006 Cases Cited: Frangos v Frangos (Victorian Court of Appeal, 7 July 1995, unreported) Re Burton (deceased) [1958] QWN 27 Re Klease [1972] QWN 44 Vasiljev v Public Trustee [1974] 2 NSWLR 497 Will of Lanfear [1940] 57 WN (NSW) 181 Category: Procedural and other rulings Parties: Luciana Iole Boldi (plaintiff) Terence Crozier (first defendant) Melanie Aliberti (second defendant) Representation: Counsel: S Bloont (applicant/second defendant) P Thew (plaintiff) R Tidswell (respondent/first defendant)

Solicitors: Anderson Lawyers (plaintiff) Caroll & O'Dea Lawyers (respondent/first defendant) Palmers Solicitors (applicant/second defendant) File Number(s): 2015/132953