Stojic v Stojic [2018] NSWSC 723

Supreme Court New South Wales

Medium Neutral Citation: Stojic v Stojic [2018] NSWSC 723 Hearing dates: 08/05/2018 Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Equity - Probate List Before: McDougall J Decision: Plaintiffs to be appointed as administrators pending hearing. Catchwords: WILLS AND ESTATES – disputed probate hearing – application for plaintiffs to be appointed as administrators of will pending hearing – consideration of principle in De Chatelain that a party to the proceedings will ordinarily not be appointed administrator – where any risk of conflict is more theoretical than real – where urgency surrounds the application – where no proper alternative other than plaintiffs – discretionary exercise tips in favour of appointing the plaintiffs – application granted.

CONTEMPT – defendant in significant contempt of court orders – where no attempt made to purge the contempt – where the contempt relates directly to subject matter of proceedings – defendant can oppose relief sought by plaintiffs but cannot be heard to propound himself as candidate for administrator. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Gray v Hart [2010] NSWSC 55 Griffin v Ackroyd [1925] P 38 De Chatelain v De Pontigny (1859) 164 ER 616 Stokes v McCourt [2013] NSWSC 1014 Category: Procedural and other rulings Parties: Ivanna Ann-Marie Ferenc Stojic (First Plaintiff) Ivan Mathew Stojic (Second Plaintiff) Simon Stojic (Defendant) Representation: Counsel: D Smallbone (Plaintiffs) R Wilson SC / C Birtles (Defendant)