Maria Di Giannantonio v Michael Di Giannantonio

Maria Di Giannantonio sued Michael Di Giannantonio in the Supreme Court of New South Wales, challenging the validity of a deed executed by both parties, seeking specific performance and relief under the Succession Act 2006 (NSW). The case also addressed claims of unconscionable conduct, proprietary estoppel, and family provision. The primary dispute was whether the deed was enforceable and if the plaintiff was entitled to specific performance against the defendants.

The court examined whether the deed was validly executed and whether the parties intended to be immediately bound despite the condition that the deed's effectiveness would depend on the other party's execution. The court also evaluated whether the plaintiff had taken unconscionable advantage of the first defendant's special disadvantage to procure the deed. Additionally, the court considered whether the deed was unjust under the Contracts Review Act 1980 (NSW) and if the first defendant had an equitable interest in the family home, which the plaintiff held as the sole registered proprietor.

The court ruled that the deed was valid and effective immediately upon satisfaction of the escrow condition, as the parties intended to be bound at that point. The court found that the plaintiff did not unconscionably take advantage of the first defendant's alleged special disadvantage. The deed was not considered unjust, and the plaintiff's execution of the deed was a complete defence to the proprietary estoppel claim. The court also approved the release of the first defendant's rights to apply for family provision under the Succession Act 2006 (NSW), considering the circumstances of the case and the factors outlined in section 95(4) of the Act.

The court ordered specific performance of the deed, as the plaintiff had fulfilled her obligations, and the defendants were in default. The proprietary estoppel claim was dismissed, and the release of family provision rights was approved.