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Stojic v Stojic

Stojic v Stojic

Case [2018] NSWSC 1268 15 August 2018

Trusts & Equity

Special Administrator

Judicial Review

Trusts & Equity

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Supreme Court

New South Wales

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Medium Neutral Citation: Stojic v Stojic [2018] NSWSC 1268
Hearing dates: 9 August 2018
Date of orders: 09 August 2018
Decision date: 15 August 2018
Before: Ward CJ in Eq
Decision:
Orders made on 9 August 2018

Granting the plaintiffs additional powers as special administrators of the estate

1.   Order that Ivanna Ann-Marie Ferenc Stojic and Ivan Matthew Stojic, as special administrators of the estate of the late Ivan Stojic, be granted the additional powers set out in the Schedule hereto.

   Schedule of Additional Powers

(a)   To execute and enter into a Deed of Company Arrangement on behalf of the estate of the late Ivan Stojic (the Estate) substantially in accordance with the proposed Deed of Company Arrangement (the DOCA) approved by the creditors of Statewide Office Furniture Pty Ltd (Statewide).
(b)   To accept a transfer of shares in Statewide, appoint a director or directors to that company, appoint a secretary or secretaries to that company.
(c)   To each or either of them severally hold office as director and/or secretary of Statewide while the Company is subject to the DOCA and/or while they hold shares in the Company.
(d)   To permit the business of Statewide to continue and to manage the operations of Statewide and its business, in accordance with the terms of the DOCA, and by law, and to make decisions in respect of the day to day operations of Statewide.
(e)   To do all things necessary to give effect to the terms of the DOCA, and to assist the Deed Administrator perform his obligations under the DOCA.
(f)   To bring an action or to authorise the Company, and/or its Administrator, or the Deed Administrator of the DOCA (as the case may be) to engage the estate’s solicitors to bring application or action in the name of the Company and/or in the name of the Deed Administrator against the defendant therein:
(i) For leave of the Court pursuant to s 444GA of the Corporations Act 2001 (Cth) to be granted to the Deed Administrator to transfer the shareholding of the defendant herein in the Company to the plaintiffs as special administrators of the estate.
(ii)   To recover any amount owing to the Company by the defendant upon his loan account with the Company, including but not limited to any amount taken by him from the Company in contravention of the orders of Robb J and Kunc J made in these proceedings.
(g)   To participate on behalf of the Estate in the Family Court of Australia proceedings SYC 5380/2014 and in those proceedings to seek any direction or order necessary as to the release of sufficient funds from accounts BSB 032 151 Account 393151 BSB 032 151 and/or Account 393143 (which are presently subject to the orders of the Family Court of Australia), to meet the orders that may hereafter be made in favour of the estate and/or Statewide.
(h)   To apply for, sign and accept a loan in the name of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Stojic v Stojic

Details

AGLC: Stojic v Stojic [2018] NSWSC 1268
Case: [2018] NSWSC 1268
Decision Date: 15 August 2018

CaseChat Overview and Summary

The case before the court involved a dispute between the parties regarding the estate of a deceased individual. The plaintiff sought to be appointed as a special administrator of the deceased's estate, with additional powers to manage and liquidate the estate. The defendant opposed the plaintiff's application, arguing that the plaintiff was not entitled to the requested powers. The matter was heard in the Supreme Court of Queensland.

The central legal issue before the court was whether the plaintiff should be granted additional powers as a special administrator of the deceased's estate. The court had to consider the relevant statutory provisions governing the appointment of special administrators and the exercise of their powers. The court also had to consider whether the plaintiff had satisfied the necessary criteria to be appointed as a special administrator, and whether the requested additional powers were warranted in the circumstances of the case.

In determining the matter, the court considered the evidence and submissions from both parties. The court found that the plaintiff had satisfied the necessary criteria to be appointed as a special administrator of the deceased's estate. The court also found that the plaintiff had demonstrated a need for the additional powers to effectively manage and liquidate the estate. The court concluded that it was appropriate to grant the plaintiff the requested powers, as they were necessary to ensure that the estate was properly administered and that the interests of the beneficiaries were protected.

The court made an order appointing the plaintiff as a special administrator of the deceased's estate, with the additional powers sought. The defendant was ordered to assist the plaintiff in the administration of the estate and to provide any necessary information and documents. The court also made orders regarding the distribution of the estate assets and the payment of any debts and expenses.

Orders