Stamoulos v Constantinidis; Constantinidis v Constantinidis [2017] NSWSC 1808

Supreme Court New South Wales

Medium Neutral Citation: Stamoulos v Constantinidis; Constantinidis v Constantinidis [2017] NSWSC 1808 Hearing dates: 8, 23 November, 4, 14, 19 December 2017 Date of orders: 19 December 2017 Decision date: 19 December 2017 Jurisdiction: Equity Before: Parker J Decision: Leave granted to discontinue preliminary discovery application but plaintiff to pay costs; Administrator appointed in estate proceedings and motions for disclosure and amendment of cross-claim dismissed Catchwords: Civil procedure – deceased estate – dispute as to value of the estate – executors with interest in estate – potential claims arising out of transactions between deceased and executors during deceased's lifetime – whether Court should appoint referee or administrator – preliminary discovery – application by beneficiary for documents relating to potential claims – whether preliminary discovery procedure appropriate Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 5.3, 20.14, 54.3 Cases Cited: Alexander v Perpetual Trustees WA Ltd (2004) 216 CLR 109; [2004] HCA 7 Guest v Guest [2015] VSC 761 O'Connor v O'Connor [2017] NSWSC 1648 Category: Procedural and other rulings Parties: 2016/147733 Mary Stamoulos (Plaintiff) Eric Constantinidis (First Defendant) William Constantinidis (Second Defendant)

2016/162195 Eric Constantinidis (First Plaintiff) William Constantinidis (Second Plaintiff) Achilles Constantinidis (First Defendant) Mary Constantinidis (Second Defendant) Annette Constantinidis (Third Defendant) Representation: Counsel: PH Blackburn-Hart SC/H Pintos-Lopez (Mary Stamoulos) IE Davidson SC (Eric Constantinidis and William Constantinidis)