Maria Coppola v New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda (No 2) [2019] NSWSC 948

Supreme Court New South Wales

Medium Neutral Citation: Maria Coppola v New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda (No 2) [2019] NSWSC 948 Hearing dates: 29, 30, 31 January; 1, 4 February; 5, 6 March;18 March 2018; 24 June 2019 Decision date: 31 July 2019 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Proceedings dismissed. 2. Plaintiff to pay the defendants' costs of the proceedings. Catchwords: SUCCESSION – whether the Deceased's half share in the Stanmore Property is held on trust for the plaintiff either by the first defendant or the second defendant – whether the plaintiff should be registered as tenant-in-common of the Stanmore Property with the second defendant in equal shares.

ESTOPPEL – proprietary estoppel by encouragement – whether the second defendant impliedly accepted any communication by the Deceased of her intention that her half share in the Stanmore Property was to be disposed of by the second defendant to the plaintiff – whether the plaintiff relied upon any such promise, representation or acquiescence – whether it would be unconscionable for the second defendant to assert his entitlement to the Deceased's half share of the Stanmore Property under the Will – whether he is therefore estopped from asserting his entitlement under the Will. Legislation Cited: Family Provision Act 1982 (NSW) Interpretation Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Real Property Act 1900 (NSW) Cases Cited: Grundt v Great Boulder Proprietary Gold Mines Limited (1937) 59 CLR 641 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Maria Coppola (Plaintiff) New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda (First Defendant) Carmelo Buda by his Tutor New South Wales Trustee and Guardian (Second Defendant) Representation: Counsel: