Christopher John De Lorenzo in his capacity as an executor of the Estate of the late Patricia Ellen De Lorenzo v Vincent Joseph De Lorenzo in his personal capacity & in his capacity as an executor of the Estate of the late Patricia Ellen De Lorenzo [2020] NSWSC 188

Supreme Court New South Wales

Medium Neutral Citation: Christopher John De Lorenzo in his capacity as an executor of the Estate of the late Patricia Ellen De Lorenzo v Vincent Joseph De Lorenzo in his personal capacity & in his capacity as an executor of the Estate of the late Patricia Ellen De Lorenzo [2020] NSWSC 188 Hearing dates: 2 March 2020 Decision date: 06 March 2020 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Summons dismissed Catchwords: SUCCESSION – WILL – CONSTRUCTION – construction of the following provision in the will of the deceased:

I GIVE AND BEQUEATH to my children the said VINCENT JOSEPH DE LORENZO, CHRISTOPHER JOHN DE LORENZO and JO-ANN DE LORENZO as tenants in common in equal shares all shares in the companies De Lorenzo Hair & Cosmetic Research Pty Limited ACN 003 218 577, De Lorenzo Australia Pty Limited ACN 003 218 586 and Pavin Investments Pty Limited ACN 000 277 261 registered in my name at the date of my death AND I DECLARE if in the division of such shares in accordance with the terms of this Clause 10 [sic] of this my will the shares are not divisible by three (3) my daughter the said JO-ANN DE LORENZO is to receive more of such shares than my said sons so as to achieve the intent of this Clause.

– the deceased owned two shares in the two first named companies – whether on the proper construction of the will the non-divisibility of two shares into three has the consequence that the daughter of the deceased takes all – HELD – on the proper construction of the will both parcels of shares are to go to the beneficiaries in equal proportions as tenants in common. Cases Cited: Fell v Fell (1922) 31 CLR 268 Nullagine Investments Pty Ltd v Western Australia Club Inc (1993) 177 CLR 635 Category: Principal judgment Parties: Christopher John De Lorenzo in his capacity as an executor of the Estate of the late Patricia Ellen De Lorenzo - First Plaintiff Jo-Ann De Lorenzo in her capacity as an executor of the Estate of the late Patricia Ellen De Lorenzo - Second Plaintiff Vincent Joseph De Lorenzo in his personal capacity & in his capacity as an executor of the Estate of the late Patricia Ellen De Lorenzo - First Defendant Representation: Counsel: I.R. Pike SC with J. Burnett - Plaintiffs T. Maltz - Defendant