Mezzapica v Mezzapica [2017] NSWSC 1553

Supreme Court New South Wales

Medium Neutral Citation: Mezzapica v Mezzapica [2017] NSWSC 1553 Hearing dates: 12 and 13 October 2017 Decision date: 20 November 2017 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Declare that the funds standing to the credit of the account in the name of Giuseppa Mezzapica in trust for Daniel, Alessandra and Matthew Mezzapica, from which payments of $20,000, $20,000 and $22,010 were made on 11 March 2014, 16 May 2014 and 18 August 2014 were, at the respective times of the withdrawals, funds held on trust by the late Giuseppa Mezzapica for her three grandchildren. 2. The payment of the proceeds of those cheques to the credit of the account of Giuseppa Mezzapica with the Commonwealth Bank of Australia constituted a breach of trust. 3. Stand the proceedings over for further argument on the question of costs on a day to be fixed by the Court. Catchwords: SUCCESSION – executors and administrators – proceedings by co-executor against fellow co-executor Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 7.9, 7.10(2)(b) Cases Cited: Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Category: Principal judgment Parties: Anthony Robert Mezzapica (Plaintiff) Renato Mezzapica (Defendant) Representation: Counsel: J Raine (Plaintiff) AS Maroya (Defendant)

Solicitors: Hall Partners (Plaintiff) Photios Vouroudis & Co (Defendant) File Number(s): 2015/371565