Gianna (Jenny) Angius v Gordon Albert Salier [2018] NSWSC 995

Supreme Court New South Wales

Medium Neutral Citation: Gianna (Jenny) Angius v Gordon Albert Salier [2018] NSWSC 995 Hearing dates: 20 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Equity Before: Robb J Decision: The Court (1) Declines at this time to make the orders sought in par 1 of the notice of motion filed by Robert Angius on 3 April 2018. (2) Grants leave to Robert Angius to renew his application for the relief sought in par 1 of his notice of motion filed on 3 April 2018. (3) Orders that an interim distribution of $1 million be paid out of the estate of the late Laura Angius from the cash amount held by the administrator, Mr Gordon Albert Salier, to the applicant, Robert Angius. Catchwords: CIVIL PROCEDURE — Parties — Joinder — Of defendant — Family provision proceedings — Joinder of applicant as second defendant declined — leave granted to the applicant to renew his application for joinder at a date closer to the hearing

SUCCESSION — Wills, probate and administration — Interim distribution — whether interim distribution from the deceased's estate should be ordered in favour of the applicant — applicant to receive interim distribution from deceased's estate Legislation Cited: Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Probate and Administration Act 1898 (NSW) Cases Cited: Vasiljev v Public Trustee (1974) 2 NSWLR 497 Estate of Peter Frangos: Frangos v Frangos (Victorian Court of Appeal, unreported, 7 July 1995) Boldi v Crozier [2015] NSWSC 2155 Angius v Salier [2018] NSWSC 808 Re Anderson (1953) 53 SR (NSW) 520 Romano v Romano [2004] NSWSC 775 Steiner v Strang: Estate of Steiner [2012] NSWSC 919 Steiner v Strang [2017] NSWSC 132 Category: Procedural and other rulings Parties: Robert Angius (Applicant) Gianna (Jenny) Angius (First Respondent/Plaintiff) Gordon Albert Salier (Second Respondent/Defendant) Representation: Counsel: V Culkoff (Applicant) JEF Brown (First Respondent/Plaintiff) M Wilmott SC and W C Birtles (Second Respondent/Defendant)