Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Alexiou v Alexiou [2025] NSWCA 164 Hearing dates: 26 June 2025 Date of orders: 25 July 2025 Decision date: 25 July 2025 Before: Payne JA at [1]
Stern JA at [2]
Free JA at [3]Decision: (1) Appeal dismissed.
(2) The appellant is to pay the respondent’s costs.
Catchwords: SUCCESSION – Family provision claim – No provision made for respondent in father’s will due to estrangement – Whether primary judge erred in granting provision to the respondent – Significance of comparison to provision made for sibling – Whether provision unreasonable and plainly unjust – Where appellant cites failure to give reasons but does not seek remittal – Where litigation costs have severely eroded estate
Legislation Cited: Succession Act 2006 (NSW), s 57, 59, 60, 63
Cases Cited: Alexiou v Alexiou [2020] NSWSC 748
Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308
Angius v Angius [2025] NSWCA 113
Bassett v Bassett [2021] NSWCA 320
Bradley v Matloob (2015) 72 MVR 194; [2015] NSWCA 239
Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392
Curtis v Curtis [2024] NSWCA 136
Durham v Durham (2011) 80 NSWLR 335; [2011] NSWCA 62
Frank v Angell [2024] NSWCA 264
Golosky v Golosky [1993] NSWCA 111
House v The King (1936) 55 CLR 499; [1936] HCA 40
McCosker v McCosker (1957) 97 CLR 566; [1957] HCA 82
Mitchell v Cullingral Pty Ltd [2012] NSWCA 389
Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110
Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40
Transport for NSW v Hunt Leather Pty Ltd (2024) 115 NSWLR 489; [2024] NSWCA 227
Category: Principal judgment Parties: Voula Alexiou (Appellant)
Arthur Alexiou (Respondent)Representation: Counsel:
Solicitors:
L Ellison SC / A Petrie / M Malaney (Appellant)
D Allen (Respondent)
Urania Zafiris Solicitors (Appellant)
McEvoy Legal (Respondent)
File Number(s): 2025/2803 Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Equity Division – Family Provision List
- Citation:
- Date of Decision:
- 24 October 2024
- Before:
- Lindsay J
- File Number(s):
- 2019/391910
HEADNOTE
[This headnote is not to be read as part of the judgment]
This appeal concerns an order for family provision under the Succession Act 2006 (NSW) (Succession Act), arising from the death of Con Alexiou (the Deceased). The Deceased was survived by his two children, Voula Alexiou (the appellant) and Arthur Alexiou (the respondent).
The Deceased made three wills after the death of his wife. The will he made in 2008 in substance divided his valuable estate assets equally between the appellant and respondent. The main assets were the shares in two companies, Alexicon and VLN. Each of those companies owned an industrial unit on land in Jamisontown. Under the 2008 will the shares in Alexicon were to pass to the respondent and…
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- AGLC
- Alexiou v Alexiou [2025] NSWCA 164
- Case
- [2025] NSWCA 164
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Appeal were whether the primary judge had made an error in granting provision to the respondent, and whether the provision awarded was so unreasonable or plainly unjust as to warrant appellate intervention. The appellant also raised a point regarding the primary judge's failure to give reasons, though did not seek a remittal of the matter on this ground. The court was required to consider the significance of the provision made for the respondent in light of the provision made for his sibling, and the overall circumstances of the case, including the substantial erosion of the estate by litigation costs.
The Court of Appeal dismissed the appeal. The judges found no error in the primary judge's decision to grant provision to the respondent. The court implicitly upheld the primary judge's assessment of the respondent's needs and the deceased's responsibilities towards him, notwithstanding the estrangement. The court also ordered that the appellant pay the respondent's costs of the appeal.
Orders
Orders of the court
(1) Appeal dismissed.
(2) The appellant is to pay the respondent’s costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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