Mark Kazzi & Anor v Aziz Kazzi and Anor [2018] NSWSC 1835

Supreme Court New South Wales

Medium Neutral Citation: Mark Kazzi & Anor v Aziz Kazzi and Anor [2018] NSWSC 1835 Hearing dates: 21, 22 November 2018 [part heard] Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: Orders made on the Papers Catchwords: SUCCESSION – application for release of rights pursuant concerning succession – orders made in accordance with application Legislation Cited: Succession Act 2006 (NSW) Category: Principal judgment Parties: Mark Kazzi (first plaintiff) Rola Kazzi (second plaintiff) Aziz Kazzi (first defendant) Therese Kazzi (second defendant) Representation: Counsel: G McGrath (for the tutor to the first plaintiff & the second plaintiff) J Harding (defendants)

Solicitors: Hilliard & Berry (for tutor to the first plaintiff & second plaintiff) Murdock Cheng (defendants) File Number(s): 2017/308098

Judgment 1. These proceedings concern a 5 acre property in Leppington in folio identifier 27/28459 (the Property) of which Mr Aziz Kazzi (First Defendant) and Ms Therese Kazzi (Second Defendant) are the registered proprietors. 2. Mr Mark Kazzi (First Plaintiff) is a son of the Defendants. His wife is Ms Rola Kazzi (Second Plaintiff). 3. These proceedings concern an application pursuant to s 95 of the Succession Act 2006 (NSW) for release of rights. 4. In support of the application I have read the affidavits of Rola Kazzi of 27 November 2018, Sam Sofi of 21 November 2018, Simon Berry of 28 November 2018 and Therese Kazzi dated 30 November 2018. 5. Having carefully considered the materials, I am of the view that I should approve the arrangements proposed and make the orders in accordance with the short minutes provided to the Court. 6. Consent Orders were made and entered on 21 November 2018 with attached Deed of Release marked "A" which was dated 16 November 2018. 7. Further Consent Orders were made and entered on 30 November 2018 in the following form: "1. Pursuant to section 95 of the Succession Act 2006 (NSW) the court approves the release contained in the Deed of Release dated 16 November 2018 which is annexed hereto and is given by the first plaintiff, Mark Kazzi, of his right to apply for a family provision order in relation to: a. the whole or any part of the estate or notional estate of the first defendant, Aziz Kazzi, and b. the whole or any part of the estate or notional estate of the second defendant, Therese Kazzi. 2. Pursuant to section 95 Succession Act 2006 (NSW) the Court approves the release contained in the Deed of Release dated 16 November 2018 which is annexed hereto and is given by the second plaintiff, Rola Kazzi, of her right to apply for a family provision order in relation to: a. the whole or any part of the estate or notional estate of the first defendant, Aziz Kazzi, and b. the whole or any part of the estate or notional estate of the second defendant, Therese Kazzi." ****** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 03 December 2018