Helg v Sergiacomi

[2011] QSC 322

SUPREME COURT OF QUEENSLAND

CITATION:

Helg v Sergiacomi & another [2011] QSC 322

PARTIES:

ROSINA MARIA HELG

Applicant

And

ROBERT SALVATORE SERGIACOMI

First Respondent

PETER GERARD SERGIACOMI

Second Respondent

FILE NO/S:

S491/11

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court Rockhampton

DELIVERED ON:

2 November 2011

DELIVERED AT:

Rockhampton

HEARING DATE:

24 October 2011

JUDGE:

McMeekin J

ORDERS:

1.     Direct that the respondents file and serve such further affidavit as they might be advised concerning:

(a)        the withdrawals between 11 August 2006 and 18 August 2006 from the account numbered 3876-27157 held at the ANZ bank in the deceased’s name;

(b)        the matters raised in paragraphs 59 and 61 of the applicant’s affidavit filed 11 October 2011.

2.          Direct that such further affidavit be filed and served on or before 4pm on the 7th of November 2011.

3.          The further hearing of this application stands adjourned to 21 November 2011.

4.          Costs Reserved

CATCHWORDS

SUCCESSION – EXECUTORS AND ADMINISTRATORS – Proceedings against executors and administrators – where applicant seeks filing and passing of accounts – where complaints made pertaining to the administration of the estate and the performance of duties as executors – whether evidence sufficient to merit intervention

COUNSEL:

Applicant in person
A. Arnold for the respondents

SOLICITORS:

Applicant in person
Finemore Walters & Story for the respondents

1. MCMEEKIN J: The Applicant, Rosina Maria Helg, is a beneficiary under the terms of the Will of her late father, Ernesto Sergiacomi (the deceased). The respondents, Robert Salvatore Sergiacomi and Peter Gerard Sergiacomi, are her brothers and were appointed by their father as the Executors of his Will.

1. The deceased died on 11 August 2006. Administration of his estate was completed in 2010 and on 19 November 2010 the respondents instructed their solicitors to forward to the Applicant their final statement of accounts for the administration of the estate, which they did.

1. By his Will the deceased left a one-quarter share of his estate to each of his four children, with one of those quarters being placed into a testamentary trust for the sibling not involved in the application, Anthony.  The respondents’ final statement of accounts shows that the significant assets of the estate consisted of a shareholding in a private company Multifield Pty Ltd, a house property in Bundaberg and a one-half interest in a shopping centre at Torquay Heights. There were various cash assets and other personalty.

1. The applicant is concerned that the respondents have not administered the estate according to law and in the interest of the beneficiaries. By her application she seeks various orders. The applicant is self represented. It was no easy task to understand her complaints. According to her Originating Application she seeks the following:

a) An order requiring the examination and passing of the Executors accounts of the estate pursuant to Rule 644, Uniform Civil Procedure Rules 1999 (“UCPR”);

b) An order calling on the Executors to show cause why they should not comply with a request to apply for and…