Paisie and Paisie and Anor

This matter concerned an application before Collier J concerning the estate of Mr Paisie. The applicant, Ms S Paisie, and the second respondent, F Paisie, were parties to the proceedings, with F Paisie also acting as the legal personal representative of the estate. The dispute revolved around the distribution of assets from the estate, specifically involving a property at C Street and monetary sums to be paid to the applicant and the second respondent.

The court was required to determine the method and timing of the distribution of estate assets, including the opening of a specific bank account for these transactions. Key issues included the payment of $90,000 and $2,708 into this account by the second respondent, and the subsequent distribution of $67,500 and $2,105.25 to the applicant. The court also had to address the contingency of the second respondent failing to make the required payments within the stipulated timeframe, which would necessitate the sale of the C Street property.

Collier J ordered the immediate opening of a joint bank account in the names of Ms S Paisie and F Paisie as legal personal representatives of the estate. The second respondent was directed to pay $90,000 and $2,708 into this account within three months. Upon these payments, the account was to be used to pay $67,500 and $2,105.25 to the applicant, with the remaining balance to be paid to the second respondent as the legal personal representative. In the event of non-payment of the $90,000, the second respondent was to sell the C Street property by private treaty, after deducting sale costs and any mortgage, to pay $90,000 plus interest into the account, with the balance of sale proceeds to be retained by the second respondent. The applicant was to receive $67,500 plus interest from the account upon the $90,000 payment. Liberty was granted to the applicant to relist the matter for enforcement orders if the property was not sold within six months. All outstanding applications and cross-applications were dismissed, and all issues were removed from the Active Pending Cases List.