Supreme Court
New South Wales
Medium Neutral Citation: Gianna (Jenny) Angius v Gordon Albert Salier [2018] NSWSC 995 Hearing dates: 20 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Equity Before: Robb J Decision: The Court
(1) Declines at this time to make the orders sought in par 1 of the notice of motion filed by Robert Angius on 3 April 2018.
(2) Grants leave to Robert Angius to renew his application for the relief sought in par 1 of his notice of motion filed on 3 April 2018.
(3) Orders that an interim distribution of $1 million be paid out of the estate of the late Laura Angius from the cash amount held by the administrator, Mr Gordon Albert Salier, to the applicant, Robert Angius.Catchwords: CIVIL PROCEDURE — Parties — Joinder — Of defendant — Family provision proceedings — Joinder of applicant as second defendant declined — leave granted to the applicant to renew his application for joinder at a date closer to the hearing
SUCCESSION — Wills, probate and administration — Interim distribution — whether interim distribution from the deceased’s estate should be ordered in favour of the applicant — applicant to receive interim distribution from deceased’s estateLegislation Cited: Succession Act 2006 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Probate and Administration Act 1898 (NSW)Cases Cited: Vasiljev v Public Trustee (1974) 2 NSWLR 497
Estate of Peter Frangos: Frangos v Frangos (Victorian Court of Appeal, unreported, 7 July 1995)
Boldi v Crozier [2015] NSWSC 2155
Angius v Salier [2018] NSWSC 808
Re Anderson (1953) 53 SR (NSW) 520
Romano v Romano [2004] NSWSC 775
Steiner v Strang: Estate of Steiner [2012] NSWSC 919
Steiner v Strang [2017] NSWSC 132Category: Procedural and other rulings Parties: Robert Angius (Applicant)
Gianna (Jenny) Angius (First Respondent/Plaintiff)
Gordon Albert Salier (Second Respondent/Defendant)Representation: Counsel:
Solicitors:
V Culkoff (Applicant)
JEF Brown (First Respondent/Plaintiff)
M Wilmott SC and W C Birtles (Second Respondent/Defendant)
PV Legal (Applicant)
Teece Hodgson & Ward (Second Respondent/Defendant)
Remedy Legal (First Respondent/Plaintiff)
File Number(s): 2013/56245
Judgment
-
The questions for determination arise in proceedings commenced on 22 February 2013 by Gianna (Jenny) Angius for family provision orders under s 59 of the Succession Act 2006 (NSW).
-
The defendant is Mr Gordon Albert Salier, who is the administrator of the estate of the deceased, Laura Angius. Laura Angius was the mother of the plaintiff, and died on 4 January 2012.
-
As has become customary, with no disrespect to the members of the Angius family, I will for convenience refer to them by their first names.
-
The matter that is before the Court arises under a notice of motion filed by Jenny's brother, Robert Angius, on 3 April 2018. Robert is not a party to these proceedings, and he seeks the following orders:
1. An order that Robert Angius be joined as Second Defendant to the proceedings under Part 6 rule 24 of the Uniform Civil Procedure Rules 2005 (NSW), on condition that:
he…
Keep reading for free
Create a free CaseChat account to read Gianna (Jenny) Angius v Gordon Albert Salier and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] NSWSC 995
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the plaintiff, Gianna Angius, should be joined as a second defendant in the family provision proceedings. Additionally, the court needed to decide if an interim distribution from the deceased's estate should be ordered in favour of the plaintiff. These issues were central to the case, as they would affect the distribution of the deceased's estate and the rights of the parties involved.
In its reasoning, the court noted that while joinder of a party in family provision proceedings is not mandatory, it may be appropriate in certain circumstances. The court declined to join the plaintiff as a second defendant at that time but granted leave to the plaintiff to renew his application for joinder at a later stage, closer to the hearing. The court also found that an interim distribution from the deceased's estate should be ordered in favour of the plaintiff. This decision was based on the consideration of the plaintiff's financial circumstances and the potential impact on their ability to meet their needs.
The final orders of the court were that the application for joinder was declined but leave was granted to the plaintiff to renew his application for joinder at a later date. Additionally, an interim distribution from the deceased's estate was ordered in favour of the plaintiff. This outcome aimed to provide some financial support to the plaintiff while the proceedings continued.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.