Angius v Salier & Ors [2019] NSWSC 184

Supreme Court New South Wales

Medium Neutral Citation: Angius v Salier & Ors [2019] NSWSC 184 Hearing dates: 18, 19 February 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Equity - Real Property List Before: Henry J Decision: (1) In relation to the claims for relief at paragraphs 1(a), 1(b), 1(c), 1(d), 1(e) and 1(f) of the amended statement filed 17 February 2017 and the relief claimed in the cross-claim filed on 4 September 2018 (the separate questions), the plaintiff/cross-defendant pay to the first defendant/cross-claimant the sum of $19,661.42. (2) The plaintiff/cross-defendant, the first defendant/cross-claimant and the seventh defendant pay their own costs in relation to the hearing of the separate questions. (3) Dismiss the plaintiff's application made at the hearing of the separate questions seeking leave to file the further amended statement of claim. (4) Order the plaintiff to pay the costs of the first defendant in relation to the plaintiff's application made at the hearing of the separate questions seeking leave to file the further amended statement of claim. (5) Direct the plaintiff to serve on the first and seventh defendants by 15 March 2019 a draft of a further amended statement of claim, with any amendments to be limited to the plaintiff's claim that he is entitled to contribution from the estate of the late Mrs Angius in respect of his payment of an assessment dated 29 May 2012 and notice of penalty dated 30 May 2012 issued by the ATO to the plaintiff and the late Mrs Angius. (6) Direct the first and seventh defendants to inform the plaintiff by 22 March 2019 whether they consent or object to the plaintiff being given the leave to further amend the statement of claim in the form proposed. (7) Stand the matter over on 29 March 2019 at 9.15am before me for the purpose of making appropriate orders in relation to any application by the plaintiff for leave to amend. Catchwords: EQUITY – contribution for outgoings and improvements to property – where claim brought against administrator after co-owner has passed away