Banaszak and Executors of the Estate of Mr S Mandia and Anor (No 3)

In the matter of *Banaszak and Executors of the Estate of Mr S Mandia and Anor (No 3)*, Cronin J of the Supreme Court of Victoria considered an application concerning outstanding matters within the estate of the late Mr S Mandia. The applicant, Ms Banaszak, sought an adjournment of these applications. The respondents were the executors of the estate and a third party.

The primary legal issue before the Court was the determination of a jurisdictional issue. The Court also had to consider the implications of the applicant's potential non-appearance on the return date for the hearing of both substantive and jurisdictional matters.

Cronin J ordered that all outstanding applications be adjourned to 1 April 2015 for the determination of the jurisdictional issue. The Court further ordered that if the applicant failed to appear personally or by legal representative on that date, the respondents and third party would have leave to proceed with the substantive and jurisdictional issues on an undefended basis. The applicant was ordered to pay the costs of the respondent and the third party, fixed at $5500 and $4400 respectively, from her entitlement in the estate. The orders were to be served on the applicant by email and personally, and the reasons for the decision were to be transcribed and served.