Gianna (Jenny) Angius v Estate of the late Laura Angius [2019] NSWSC 1012

Supreme Court New South Wales

Medium Neutral Citation: Gianna (Jenny) Angius v Estate of the late Laura Angius [2019] NSWSC 1012 Hearing dates: 24 July 2019 Decision date: 24 July 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that Robert Angius be joined as second defendant to the proceedings, pursuant to r 6.24 of the Uniform Civil Procedure Rules 2005 (NSW) on the following conditions: (a) that Robert Angius be at risk as to his own costs, in that he will pay his own costs of the proceedings, unless the Court otherwise orders, and that his costs of the proceedings should not be taken into account in determining his financial circumstances for the purposes of the Family Provision proceedings; (b) that, unless leave of the Court is granted, the cross-examination by Robert Angius' Counsel will be limited to areas not otherwise covered by Senior Counsel for the first defendant; (c) that, without the leave of the Court, no further evidence as to the substantive issues in the proceedings, other than updating evidence as to the financial circumstances of the parties or as to the value of the estate, is to be filed and served; and (d) that Robert Angius provide to the administrator and to the legal representatives for Jenny Angius a copy of the transcript of the proceedings before Sackar J and any affidavit evidence read in the proceedings before Sackar J on which reliance may be placed in the course of the Family Provision proceedings brought by Jenny Angius. 2. The administrator have his costs of this application on an indemnity basis out of the estate; 3. Order that Robert Angius bear his own costs of the notice of motion filed 3 April 2018 and there be no order as to the costs of Jenny Angius in relation to the application with the intent that Jenny Angius bear her own costs of this application. 4. Direct the provision by Robert Angius to Jenny Angius and the administrator of the transcript and affidavit evidence on which Robert relies (and has referred to in the course of this application) within seven days. 5. Make the usual Family Provision order for the updating of financial evidence within 21 days. 6. Make the usual order for hearing. 7. Direct the applicant to file within 7 days an amended summons naming Mr Robert Angius as the second defendant. Catchwords: CIVIL PROCEDURE — Parties — Joinder — Of defendant — Family provision proceedings — Joinder of applicant as second defendant allowed subject to conditions to ensure that hearing dates are not prejudiced and the matter proceeds efficiently Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), s 91 Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 36.16 Cases Cited: Boldi v Crozier [2015] NSWSC 2155 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Frangos v Frangos (Court of Appeal (Vic), 7 July 1995, unrep) Gianna (Jenny) Angius v Gordon Albert Salier [2018] NSWSC 995 Robert Angius v John Angius [2018] NSWSC 1772 Sundararajah v Teachers Federation Health Ltd (No.3) [2010] NSWSC 471 Category: Procedural and other rulings Parties: Gianna (Jenny) Angius (Plaintiff) Gordon Albert Salier (Defendant) Robert Angius (Applicant) Representation: Counsel: V Culkoff (Applicant) J Brown (Plaintiff) C Birtles (Defendant)