Stojic v Stojic [2019] NSWSC 23

Supreme Court New South Wales

Medium Neutral Citation: Stojic v Stojic [2019] NSWSC 23 Hearing dates: 14 December 20082018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Orders pursuant to UCPR r 7.18(l1)(a) that Stephen Davies be appointed as Tutor for the defendant, Simon Slavko Stojic. 2. Orders that the title of these proceedings be amended to: "Ivanna Ann-Marie Ferenc Stojic and Ivan Matthew Stojic v. Stephen Davies as Tutor for Simon Slavko Stojic". 3. Orders, pursuant to UCPR r 7.14(2) that Mr Davies as Tutor be at liberty to carry on the Defence of the Claim in these proceedings and be at liberty to carry on the Cross Claim in these proceedings, notwithstanding the absence of a solicitor acting on the record for him in these proceedings as Tutor for the Defendant defendant and Cross Claimant in these proceedings. 4. Dispenses with the certificate otherwise required by UCPR r 7.16(b). 5. Notes the associated proceedings nos. 2015/60779, 2015/96897, 2015/150539, 2015/166103 and 2015/174075. 6. Orders that the proposed settlement of these proceedings 2014/315956 by the defendant, who is a person under a legal incapacity (being a person who on 30 November 2018 was remanded in custody in accordance with s 14(b) of the Mental Health (Forensic Provisions) Act 1990 (NSW)), being the settlement comprised in the orders provided for in paragraphs 8 to 14 of these Orders and Notes and in the Deeds of Agreement mentioned below, touching and concerning these proceedings, be approved, pursuant to s 76(4) of the Civil Procedure Act 2005 (NSW). 7. Orders that the proposed settlement agreement comprising the Deeds of Agreement in exhibits SB1 and SB2 of the affidavit of Stephen Davies affirmed 11 December 2018, between the defendant, who is a person under a legal incapacity (being a person who on 30 November 2018 was remanded in custody in accordance with s 14(b) of the Mental Health (Forensic Provisions) Act 1990 (NSW))), the plaintiffs and Jolene Yolande Stojic be approved, pursuant to s 75(2) of the Civil Procedure Act 2005 (NSW). 8. ORDER that the Will dated 23 May 2014 ("the Will") made by Ivan Stojic ("the deceased"), who died on 13 June 2014 in Croatia, be admitted to probate in solemn form. 9. ORDER that administration of the Will be granted to the plaintiffs, Ivan Matthew Stojic ("Matthew") and Ivanna Ann-Marie Ferenc Stojic. 10. ORDER that the proceedings be referred to the Registrar for completion of the grant, subject to compliance with the Probate Rules. 11. ORDER that the cross claim be dismissed. 12. ORDER that the plaintiffs' costs be paid from the estate on the indemnity basis. 13. Makes no order as to the defendant's costs with the intent that the defendant pays his own costs. 14. NOTES: That the parties have agreed to enter into a Deed of Agreement. 15. NOTES: That on 13 December 2018 the Family Court of Australia approved the settlement as contained in the Deed of Agreement set out in exhibit SD1. 16. Order that these orders be entered forthwith. Catchwords: CIVIL PROCEDURE — Parties — Persons under legal capacity – Tutors — need for appointment of tutor to carry on the defence of a claim and cross-claim